Laxmi Devi @ Latarmi Thakur v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.17777 of 2024 Arising Out of PS. Case No.-23 Year-2023 Thana- ANDHRAMATH District- Madhubani ====================================================== 1.
Laxmi Devi @ Latarmi Thakur W/O Ram Kishun Thakur Resident Of Village-Chhatapur Dhatatol, P.S.-Andharamath, District-Madhubani. 2.
Ram Kishun Sharma @ Ram Kishun Thakur S/O Keshwar Sharma Resident Of Village-Chhatapur Dhatatol, P.S.-Andharamath, District-Madhubani. 3.
Rekha Kumari D/O Ram Kishun Thakur Resident Of Village-Chhatapur Dhatatol, P.S.-Andharamath, District-Madhubani. 4.
Rupa Kumari W/O Subhash Sharma Resident Of Village-Chhatapur Dhatatol, P.S.-Andharamath, District-Madhubani. ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr. Pramod Yadav, Advocate For the Opposite Party/s :
Mr. Murli Dhar, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE KHATIM REZA ORAL ORDER 19-03-2024 Heard learned counsel for the petitioner and learned A.P.P. for the State.
2. The petitioners apprehends arrest in connection with Andhramath P.S. Case No. 23 of 2023 dated 16.02.2023, instituted for the offence punishable under Sections 448, 341, 323, 354(A), 354(B), 379, 504, 506/34 of the Indian Penal Code.
3. The prosecution case, in short, is that on 09.02.2022 at about 06:00 am co-accused, Subhash Sharma entered into the house of informant and started molesting her
Patna High Court CR. MISC. No.17777 of 2024(2) dt.19-03-2024 2/3 and when she made hue and cry then she was disrobed and when in-laws, husband and other persons arrived then accused ran away after snatching gold jewellery from informant. Thereafter, other accused persons came and started abusing informant and in the meantime, co-accused Subhash Sharma also returned back and assaulted husband of informant by means of Dabiya.
4. Learned counsel for the petitioner submits that the petitioners are innocent and they have been falsely implicated in this case. It is further stated that petitioner nos. 1 and 2 are the parents of the said Subhash Sharma. Petitioner no. 4 is the wife of Subhash Sharma and petitioner no. 3 is the sister of Subhash Sharma. It is further submitted that for the same occurrence, the petitioners' side have also lodged a case against husband of the informant under Section 307 and allied sections of the Indian Penal Code bearing Andhramath P.S. Case No. 22 of 2023 on 15.02.2023 and the present case has been lodged on 16.02.2023. It is further submitted that petitioner nos. 1, 3 and 4 are female and petitioner no. 2 is the husband of the petitioner 1. It is further stated that there is no specific allegation against the petitioners rather the allegation is general and omnibus in nature. It is next submitted that both the parties are neighbours
Patna High Court CR. MISC. No.17777 of 2024(2) dt.19-03-2024 3/3 and there is a dispute between the parties for demarcation of their respective lands. Lastly, it has been submitted that the petitioners have no criminal antecedents.
5. Learned A.P.P. has opposed the prayer for bail of the petitioner.
6. Having considered the facts and circumstances of the case and submissions of learned counsel for the parties, in the event of arrest / surrender of the petitioner within a period of six weeks from today, in connection with Andhramath P.S. Case No. 23 of 2023, he/they shall be released on anticipatory bail upon furnishing bail bonds of Rs. 10,000/- (ten thousand) each with two sureties of the like amount each to the satisfaction of the learned S.D.J.M., Jhanjharpur, District-Madhubani, subject to condition as laid down under Section 438(2) of the Cr.P.C. (Khatim Reza, J) Sankalp/- U T