Shanti Devi v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.16244 of 2025 Arising Out of PS. Case No.-296 Year-2024 Thana- HARSIDHI District- East Champaran ====================================================== Shanti Devi, Wife of Ram Surat Ram, village- Ahirgawa, P.S.- Harsidhi, DistEast Champaran ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Anil Kumar, Advocate For the Opposite Party/s :

Mr. Kumar Veerendra Narayan, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE HARISH KUMAR ORAL ORDER 13-05-2025 Heard the parties.

2. The petitioner is apprehending her arrest in connection with Harsidhi P.S. Case No. 296 of 2024 registered for the offences punishable under Sections 147, 148, 149, 341, 323, 324, 307, 448, 380, 504 of the Indian Penal Code.

3. Allegedly on a protest made by the informant, while accused persons were indulged in cutting the Bamboo from her field, all the accused persons caught hold the informant and brutally assaulted. It is further alleged that when her family members came to her rescue, they have also been assaulted by the accused persons.

4. Learned Advocate for the petitioner contended that apart from the fact that the petitioner is a lady; in fact the entire family members have been made accused in this case only in

Patna High Court CR. MISC. No.16244 of 2025(3) dt.13-05-2025 2/3 order to wreak vengeance and mount pressure. Moreover, there is no allegation of any overt act against the petitioner and save and except she is alleged to be a member of the mob there is no material. He further contended that in fact the father of the informant died during the course of treatment on account of negligence. Taking note of the aforesaid fact, other co-accused persons, having identical allegation, have been allowed the privilege of anticipatory bail in Cr. Misc. No. 61642 of 2024 vide order dated 11.09.2024 and in Cr. Misc. No. 4059 of 2025 vide order dated 10.02.2025. The petitioner bears fair antecedent.

5. On the other hand, learned APP for the State opposes the bail application.

6. Regard being had to the submissions made on behalf of the parties and considering the fact that the petitioner is a lady, having fair antecedent and facing omnibus allegation, as also the case of the petitioner is based on parity, let the petitioner, named above, in the event of her arrest or surrender before the court below within four weeks from the date of receipt/production of a copy of this order, be released on bail on furnishing bail bonds of Rs.10,000/- (Rupees ten thousand) with two sureties of the like amount each to the satisfaction of

Patna High Court CR. MISC. No.16244 of 2025(3) dt.13-05-2025 3/3 learned Judicial Magistrate, 1st Class, East Champaran at Motihari in connection with Harsidhi P.S. Case No. 296 of 2024, subject to the condition as laid down under 482 (2) of the Bharatiya Nagarik Suraksha Sanhita, 2023 with the further condition that one of the bailors shall be the own/close relative of the petitioner.

(Harish Kumar, J) uday/- U T