Rita Devi v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.8395 of 2024 Arising Out of PS. Case No.-356 Year-2023 Thana- GHOSI District- Jehanabad ====================================================== 1.
Rita Devi Wife of Raj Kumar Das 2.
Raj Kumar Das Son of Ram Pravesh Das @ Ram Pravesh Mochi 3.
Ram Pravesh Mochi @ Ram Pravesh Das Son of Nageshwar Mochi All Resident of village- Mokam Bigha, P.O.-Atiyawar, P.S.-Ghashi, Distt.- Jehanabad ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr. Ramakant Singh, Advocate For the Opposite Party/s :
Mr. Meena Singh, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA ORAL ORDER 04-03-2024 Heard learned counsel for the petitioners as well as learned APP for the State.
2. The petitioners seek bail in anticipation of his arrest in a case registered for the offences punishable under Sections 147, 341, 323, 307, 380, 337, 338, 354, 354B, 504 and 506 of the IPC.
3. The learned counsel for the petitioners submit petitioner no.2 has antecedent of one case and petitioner no.1 and 3 are persons with clean antecedent and petitioner no.1 is a women.
Patna High Court CR. MISC. No.8395 of 2024(2) dt.04-03-2024 2/3
4. It is next submitted that the informant alleges that the petitioners were playing obscene song which was objected by the informant, on account of which the present occurrence is alleged to have taken place wherein it is alleged that Rita Devi snatched the nephew of the informant from the lap of her sisterin-law and threw him on the ground, thereafter, Raj Kumar Das took out a pistol and pointed on the head of the mother-in-law of the informant, but then did not fire and Ram Prawesh Mochi teased the informant with bad intention holding her arms. It is next submitted that from perusal of the allegation as alleged in the FIR, it would manifest that the allegation of assault is specific against petitioner no.1 who is a lady, but then none of the injured suffered any grievous injury and the allegation of pointing pistol is ornamental in nature.
5. The learned APP opposes the anticipatory bail application.
6. Considering the submissions made by the learned counsel for the petitioners, the petitioner above-named, in the event of their arrest or surrender before the learned Court below within a period of six weeks, are directed to be released on bail on their furnishing bail-bonds in the sum of Rs.10,000/- (Rupees Ten Thousand) with two sureties of the like amount each to the
Patna High Court CR. MISC. No.8395 of 2024(2) dt.04-03-2024 3/3 satisfaction of the learned Court below where the case is pending in connection with Ghoshi P.S. Case No.356 of 2023, subject to the conditions laid down under Section 438(2) of the Cr.P.C.
7. The application stands allowed.
(Satyavrat Verma, J) Prakash Narayan U T