Babita Devi v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.17808 of 2022 Arising Out of PS. Case No.-106 Year-2021 Thana- PIRI BAZAR District- Lakhisarai ====================================================== BABITA DEVI wife of Ashok Mahto Resident of Village - Bariyarpur, Lakshamipur, P.S. - Piri Bazar, District - Lakhisarai. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Md. Irshad, Advocate For the Opposite Party/s:

Mr. Amitesh Kumar, A.P.P.

====================================================== CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA ORAL ORDER 22-09-2022 Heard learned counsel for the petitioner and learned A.P.P. for the State.

Let the defect(s), if any, be removed within a period of four weeks.

The petitioner apprehends her arrest in a case registered for the offences punishable under Sections 341, 323, 354(a), 379, 429, 308, 504 and 506/34 of the Indian Penal Code. Learned counsel for the petitioner submits that petitioner is a person with clean antecedent and is a woman. The informant alleges that on 18.07.2021 at about 06:00 p.m. all the accused persons including the petitioner came and started abusing her on which she protested then Anil Mahto caught her hair and slammed her on the ground and thereafter Ashok Mahto pulled her sari and Monu Kumar assaulted her with Khanti causing injury on her head and Mukesh Kumar snatched her earrings. It is further alleged that the occurrence took place as the pregnant cow of the

Patna High Court CR. MISC. No.17808 of 2022(2) dt.22-09-2022 2/2 informant was assaulted on account of which the calf died inside the womb.

Learned counsel for the petitioner submits that petitioner has been falsely implicated in the present case. It is further submitted that petitioner and the informant are agnates and the occurrence took place on account of dispute relating to land and as far as this petitioner is concerned, she is alleged to have abused the informant. Learned A.P.P. for the State opposes the prayer for anticipatory bail of the petitioner. Considering the submissions made by the learned counsel for the petitioner, the petitioner above-named, in the event of her arrest or surrender before the learned Court below within a period of six weeks from today, be released on anticipatory bail on furnishing bail bonds of Rs.10,000/- (Rupees Ten Thousand) with two sureties of the like amount each to the satisfaction of the learned court below where the case is pending/successor court in connection with Piri Bazar P.S. Case No. 106 of 2021, subject to the conditions as laid down under Section 438 (2) of the Cr.P.C.

(Satyavrat Verma, J) Kundan/- U T