Rima Devi v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.24600 of 2025 Arising Out of PS. Case No.-29 Year-2024 Thana- THAKRAHA District- West Champaran ====================================================== 1.
Rima Devi W/o- Amarjit Yadav Village- Harakh Tola Ps- Thakraha DistWest Champaran 2.
Sunita Kumari @ Sunita Devi D/o- Motilal Yadav Village- Harakh Tola PsThakraha Dist- West Champaran 3.
Punam Devi @ Nisha Devi W/o- Jitendra Yadav Village- Harakh Tola PsThakraha Dist- West Champaran ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr.Ram Kumar Singh, Advocate For the Opposite Party/s :
Mr.Bharat Bhushan, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE RAJIV ROY ORAL ORDER 05-05-2025 Heard the parties.
2. The petitioners are apprehending arrest in connection with Thakraha P.S. Case No. 29 of 2024 instituted under Sections 147, 149, 341, 323, 324, 307, 379, 448, 504, 506 of the Indian Penal Code lodged on 07.06.2024 by the informant, Madan Yadav.
3. As per the prosecution story, during the demarcation of the land in the presence of the Advocate Commissioner, the assault took place in which allegation is as under:
2/4 (i) Amarjit Yadav and Rima Devi assaulted with lathi on the head of the informant;
(ii) Narayan Yadav assaulted his brother Ramanand Yadav with Bhala;
(iii) Lalmuni Devi assaulted him with lathi.
4. The injured were taken to the Hospital and then to Patna. This led to the F.I.R.
5. Learned counsel for the petitioners submit that there is case and counter case, omnibus allegation is against these ladies, main allegation is against Lal Babu Yadav, Keshav Yadav, Motilal Yadav and Sikandar Yadav using farsa to assault the informant while Amarjit Yadav, Narayan Yadav and Birendra Yadav have also given blows though omnibus allegation is there against the ladies, they shall be diligently appearing in trial.
6. Learned APP opposes the prayer stating that the though there is case and counter case, the allegation is there against the petitioner no.1 also.
7. Considering the submissions of the parties as also that the main allegation is against the accused persons named above, these three are ladies, in that background, put forward by the parties, this Court is inclined to extend them the privilege of anticipatory bail.
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8. Let the petitioners be released on bail, in the event of their arrest or surrender before the subordinate court within a period of four weeks from the receipt of this order, on furnishing bail bond of Rs. 10,000/- (Ten Thousand) each with two sureties of the like amount each in connection with Thakraha P.S. Case No. 29 of 2024 to the satisfaction of learned J.M., Bagaha, West Champaran subject to the conditions as laid down under Section 438(2) of the Cr.P.C. as also the other conditions. (i) one of the bailor should be the family member of the petitioners who shall provide official document to show his/her bona fide;
(ii) the petitioners shall appear on each and every date before the Trial Court and failure to do so for two consecutive dates without plausible reason will entail cancellation of their bail bond by the Trial Court itself;
(iii) the petitioners shall co-operate in the investigation and make themselves available to the police as and when required;
(iv) the petitioners shall in no way try to induce or promise or threat the witnesses or tamper with the evidences, failing which the State shall be at liberty to take steps for cancellation of the bail bonds;
4/4 (vi) the petitioners shall desist from committing any criminal offence again, failing which the State shall be at liberty to take steps for cancellation of their bail bonds. (Rajiv Roy, J) Ravi/- U T