Indula Devi @ Indu Devi v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.15876 of 2025 Arising Out of PS. Case No.-198 Year-2017 Thana- ALOULI District- Khagaria ====================================================== 1.
Indula Devi @ Indu Devi Wife of Bhikhar Singh @ Bhikho Singh Resident of Village- Moharaghat, PS- Alouli, Distirct- Khagaria 2.
Sanju Kumari @ Payal D/O- Bhikhar Singh @ Bhikho Singh Resident of Village- Moharaghat, PS- Alouli, Distirct- Khagaria 3.
Balram Kumar Son of Bhikhar Singh @ Bhikho Singh Resident of VillageMoharaghat, PS- Alouli, Distirct- Khagaria 4.
Krishna Kumar @ Chhotu Kumar Son of Bhikhar Singh @ Bhikho Singh Resident of Village- Moharaghat, PS- Alouli, Distirct- Khagaria 5.
Bhikhar Singh @ Bhikho Singh Son of Late Shambhu Singh Resident of Village- Moharaghat, PS- Alouli, Distirct- Khagaria ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr. Santosh Kumar Singh, Advocate For the Opposite Party/s :
Mr. Pranav Kumar, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE DR. ANSHUMAN ORAL ORDER 02-04-2025 Heard Learned Counsel for the petitioners and Learned APP for the State.
2. The petitioners are apprehending arrest in connection with Alauli P.S. Case No. 198 of 2017, registered on 27.06.2017, for the offences punishable under Sections 147, 148, 149, 341, 323, 307, 353 and 504 of the Indian Penal Code.
3. As per the prosecution, FIR has been lodged against 12 accused persons (as mentioned in the typed copy of the FIR) with the allegation that they began throwing bricks
Patna High Court CR. MISC. No.15876 of 2025(2) dt.02-04-2025 2/3 from their roof at the police party when the police arrived at the outskirts of the house for verification of accused persons who were allegedly sleeping on the roof of the said house.
4. Learned Counsel for the petitioners submits that the petitioners are innocent and have committed no offence. Counsel further submits that there is enmity between the petitioners and the police, for which petitioner No. 1 has lodged a case as Alauli P.S. Case No. 203 of 2017. Additionally, Counsel submits that there is a case and a counter-case, one case is lodged as Alauli P.S. Case No. 198 of 2017, while the other is lodged as Alauli P.S. Case No. 203 of 2017. Counsel also submits that the criminal antecedents of the petitioners are not clean. There is one criminal case pending against them.
5. Learned APP for the State opposes the prayer for bail and submits that it is a case in which the petitioners attacked on the police party. Counsel further submits that the criminal antecedents of the petitioners are also not clean.
6. In the present facts and circumstances, considering that petitioner Nos. 1 & 2 are ladies, let the petitioner No. 1, namely, Indula Devi @ Indu Devi and the petitioner No. 2, namely, Sanju Kumari @ Payal be released on anticipatory bail, in the event of arrest or surrender before the Trial Court within a
Patna High Court CR. MISC. No.15876 of 2025(2) dt.02-04-2025 3/3 period of 4 weeks from today, on furnishing bail bonds of Rs.30,000/- (Rupees Thirty thousand) each with two sureties of the like amount each to the satisfaction of C.J.M., Khagaria, in connection with Alauli P.S. Case No. 198 of 2017, subject to the conditions as laid down under Section 438(2) of the Cr.P.C.
7. So far as the bail applications of petitioner Nos. 3, 4 and 5 are concerned, their bail applications are hereby rejected, with a liberty that in case, petitioner Nos. 3, 4 and 5 surrender within four weeks before the Trial Court, then the Trial Court is directed to pass order on their surrender-cum-bail applications on the same day without being prejudice that the anticipatory bail of the petitioner Nos. 3, 4 and 5 has been rejected by this Court and the Trial Court shall pass order on the merit of this case (Dr. Anshuman, J.) Aman Kumar/- U T