Babita Devi v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.4166 of 2023 Arising Out of PS. Case No.-177 Year-2022 Thana- MANIGACHI District- Darbhanga ====================================================== 1.

BABITA DEVI Wife Of Yogendra Paswan R/O Village- Rajwara, P.S.- Manigachhi, (NEHRA O.P.), District- Darbhanga 2.

KAUSHALIYA DEVI Wife Of Bhogendra Paswan R/O Village- Rajwara, P.S.- Manigachhi, (nehra O.P.), District- Darbhanga ... ... Petitioner/s

Versus

The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr. Baidya Nath Prasad, Advocate For the Opposite Party/s :

Mr. Md. Aslam Ansari, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE SHAILENDRA SINGH ORAL ORDER 05-04-2023 Let the defect(s), if any, pointed out by the office be removed within four weeks from the date of this order, failing which the matter be listed again under the appropriate heading for necessary action.

Heard learned counsel for the petitioners and learned APP for the State.

Petitioners seek regular bail in connection with Manigachhi (Nehra O.P) P.S. Case No. 177 of 2022 dated 29.08.2022, registered for the offences punishable under Sections 147, 148, 149, 332, 333, 353, 188, 302, 307, 504, 283 and 120(B) of the Indian Penal Code.

Patna High Court CR. MISC. No.4166 of 2023(2) dt.05-04-2023 2/3 As per the prosecution, the police personnel were removing encroachment meanwhile all the FIR named accused persons including these petitioners and 100-150 unknown persons started pelting bricks on the police personnel due to which they sustained injuries and one home guard namely, Chet Narain Singh died due to brutal assault by the mob. The main submissions advanced by petitioners' counsel are that both the petitioners are women and against them there is no specific allegation and several persons have been named in the FIR and more than one hundred persons were stated to be assailants and the same have been shown as unknown persons and both the petitioners have been languishing in jail since 30.08.2022 and the petitioners were only alleged to be members of the mob which committed the alleged occurrence.

Learned APP appearing for the State has opposed the prayer for bail.

Considering the above submissions, in my opinion it is a fit case for bail to the petitioners. Accordingly, let both the petitioners named-above be enlarged on bail on furnishing bail bonds of Rs. 10,000/- (ten thousand) each with two sureties of the like amount each to the satisfaction of the concerned Court

Patna High Court CR. MISC. No.4166 of 2023(2) dt.05-04-2023 3/3 in connection with Manigachhi (Nehra O.P) P.S. Case No. 177 of 2022.

(Shailendra Singh, J.) maynaz/- U T