Babita Devi v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.5341 of 2025 Arising Out of PS. Case No.-48 Year-2023 Thana- KARAI PARSURAI District- Nalanda ====================================================== Babita Devi, W/O Surendra Vishwakarma R/O Village - Berthu, P.S- Karai Pasurai, Dist.- Nalanda ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr. Rajeev Kumar, Advocate For the Opposite Party/s :
Mr. Umesh Lal Verma, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE SHAILENDRA SINGH ORAL ORDER 31-01-2025 Heard Mr. Rajeev Kumar, learned counsel for the petitioner and Mr. Umesh Lal Verma, learned APP for the State.
2. The petitioner apprehends her arrest in connection with Karai Pasurai P.S. Case No. 48 of 2023 dated 03.05.2023 registered for the offence punishable under Section 302 read with Section 34 of the Indian Penal Code.
3. Learned counsel for the petitioner submits that the petitioner is a lady having fair and clean antecedent and against her, there is no specific allegation of assault in the FIR rather the same are general and omnibus in nature. It is further submitted that the petitioner is innocent and has been falsely implicated in this case due to village politics as well as previous enmity. Learned counsel further submits that one similarly
Patna High Court CR. MISC. No.5341 of 2025(2) dt.31-01-2025 2/3 situated co-accused namely, Usha Devi, has been granted relief of anticipatory bail by this Bench vide order dated 20.09.2024 passed in Cr. Misc. No. 61208 of 2024.
4. Learned APP for the State has opposed the prayer for bail of the petitioner.
5. Heard both the sides and perused the FIR. The petitioner is a lady and against her, there is no specific allegation in the FIR and the informant accepted in the FIR that she firstly held the cremation of her husband and thereafter, went to the police station to lodge the FIR. Considering these facts as well as the above submissions coupled with the young age of the petitioner and her fair and clean antecedent and also taking into account the fact that above-mentioned similarly situated coaccused has been granted relief of anticipatory bail by this Bench, this Court is inclined to accept her anticipatory bail prayer. Accordingly, let the petitioner named-above, in the event of her arrest or surrender before the learned Court below within a period of six weeks from today, be released on anticipatory bail on furnishing bail bond of Rs. 20,000/- (Rupees Twenty Thousand) with two sureties of the like amount each to the satisfaction of the Court concerned in connection with Karai Pasurai P.S. Case No. 48 of 2023, subject to the conditions as
Patna High Court CR. MISC. No.5341 of 2025(2) dt.31-01-2025 3/3 laid down under Section 438(2) of the Cr.P.C. (Shailendra Singh, J) Rajiv/- U T