Rabri Devi v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.16520 of 2025 Arising Out of PS. Case No.-144 Year-2024 Thana- VIJAYEPUR District- Gopalganj ====================================================== Rabri Devi, aged about 30 years, Female Wife of Deepak Yadav, Resident of Village- Amwa Ghat, P.S.- Vijayepur, District- Gopalganj. ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr. Pankaj Kumar Dubey, Advocate For the Opposite Party/s :
Mr. Ramchandra Sahni, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE RAMESH CHAND MALVIYA ORAL ORDER 02-04-2025 Heard learned counsel for the petitioner and learned APP for the State.
2. The petitioner apprehends his arrest in connection with Vijayepur P.S. Case No. 144 of 2024 instituted for the offences punishable under Sections 126(2), 115, 118(1), 109, 352, 79, 3(5) of the B.N.S. Act, 2023 (hereinafter referred to as 'B.N.S.').
3. As per the prosecution case, all the accused persons entered into the house of the informant with lathi, danda and started abusing and attacked upon her.
4. Learned counsel for the petitioner submits that petitioner is innocent has committed no offence and has falsely been implicated in this case due to land dispute attributed between the parties. He submits that both the parties are patidars. He further submits that the occurrence took place on
Patna High Court CR. MISC. No.16520 of 2025(2) dt.02-04-2025 2/3 04.07.2024 and the FIR has been lodged on 09.07.2024 after more than five days delay from the date of occurrence and there is no any plausible explanation in this regard. He next submits that the petitioner is a lady having got clean antecedent as stated in para 3 of the petition.
5. Learned APP opposes the prayer for bail.
6. From perusal of the FIR, injury report and the impugned order of the learned Additional Sessions Judge-IX, Gopalganj dated 28.01.2025, it appears that on the basis of written report of the informant Bimla Devi, FIR has been lodged against nine accused persons including the present petitioner under Sections 126(2), 115, 118(1), 109, 352, 79, 3(5) of the B.N.S. Act, 2023. It also appears that the petitioner is a lady and there is no any specific allegation against her. From perusal of the injury report, it also appears that the injury upon Bimla Devi is on occipital region of scalp 1''x1/2'' skin deep and complain of pain in R arms, and nature of injury is simple and caused by hard and blunt substance. Again the injury upon injured Sanjani Kumari, is upon right parietal region of scalp 1''x1/2'' skin deep and 1''x1/2'' skin deep and also the nature of injury is simple and caused by hard and blunt substance. It is also stated that there is no any specific allegation against the petitioner, so
Patna High Court CR. MISC. No.16520 of 2025(2) dt.02-04-2025 3/3 considering all these aspects of the matter, let the petitioner above named in the event of her arrest or surrender before the Court below within six weeks from today, be released on anticipatory bail upon furnishing bail bonds of Rs. 10,000/- (Ten Thousand) with two sureties of the like amount each to the satisfaction of the learned A.C.J.M.-XIVth, Gopalganj in connection with Vijayepur P.S. Case No. 144 of 2024, subject to the conditions laid down in Section 482(2) of the B.N.S. (Ramesh Chand Malviya, J) Anand Kr.
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