R. Latha Devi @ R. Latha v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.16606 of 2026 Arising Out of PS. Case No.-395 Year-2024 Thana- AURANGABAD TOWN DistrictAurangabad ====================================================== R. Latha Devi @ R. Latha Wife of P. Rajan @ Rajan P. Resident of C-7/118, Safdarjung Development Area, P.S.- Hauz Khas, District- New Delhi, Delhi110016 ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr.Prashant Kumar, Adv.
For the Opposite Party/s :
Mr.Satyendra Narain Singh, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE HARISH KUMAR ORAL ORDER 24-06-2026 Heard Mr. Prashant Kumar, learned Advocate for the petitioner and Mr. Satyendra Narain Singh, learned Additional Public Prosecutor for the State.
2. The petitioner apprehends her arrest in connection with Aurangabad Town P.S. Case No. 395 of 2024, registered for the offences punishable under Sections 147, 149, 323, 341, 386 and 302 of the Indian Penal Code.
3. Allegedly, while the informant, who was working as a Labourer on truck/container bearing No. NL 01K-2398 carrying animals, in the meanwhile, the petitioner along with others, intercepted the vehicle and demanded an extortion money of Rs.50,000/-. When objection was raised, on the exhortation made by the petitioner, her associates brutally
2/4 assaulted the informant and others by means of lathi and danda and threw one of the helper from the bridge causing his death.
4. Learned Advocate for the petitioner submitted that on account of consistent involvement of the petitioner in assisting authorities and raising objections against unlawful transportation of cattle, she has earned the hostility of interested elements operating in that field. In fact, on the alleged date and time of occurrence, the police were informed about illegal transportation of cattle and noticing the police personnels the truck driver took a U-turn and tried to flee away. Later on, when the police chased the occupants of the vehicle, one of whom jumped over the bridge resulting into unfortunate death of Kayum Khan, helper of the vehicle. Prior to institution of the present case, the police had already instituted Town P.S. Case No. 394 of 2024 on 06.06.
2024 and subsequently the present FIR has been instituted in the evening of the same day by the brother of the deceased, which is numbered as Aurangabad Town P.S. Case No. 395 of 2024. It is further contended that there is no corresponding bodily injury report of the informant or the driver of the vehicle as a result of physical assault. The inquest report also suggest no injury.
3/4 of rule of law, lodged approximately 108 FIRs across the State of Bihar pertaining to offences involving cattle smuggling. A chart containing the list of 108 FIRs. lodged by the petitioner has also been annexed as Annexure P/4 to the supplementary affidavit.
5. On the other hand, learned Advocate for the State vehemently opposed the bail application and submitted that the petitioner is also carrying three criminal antecedent and there is specific accusation of exhortation against the petitioner upon which her associates brutally assaulted the informant and the deceased, resulting into death of one person.
6. Having considered the submissions advanced by the learned Advocates for the respective parties and taking note of the fact that the petitioner has been functioning as a volunteer with Gau Gyan Foundation and the long-standing animal welfare activist, besides the inquest as well as the postmortem report suggest no mark of injury over the body of the deceased, coupled with the nature of allegation as well as the FIRs lodged by the police with regard to unlawful smuggling of cattle, let the petitioner abovenamed be released on bail, in the event of her arrest or surrender before the court below within a period of four weeks from the date of receipt/production of a copy of this
4/4 order, upon furnishing bail bonds of Rs.20,000/- (twenty thousand) with two sureties of the like amount each to the satisfaction of the learned Chief Judicial Magistrate, Aurangabad in connection with Aurangabad Town P.S. Case No. 395 of 2024, subject to the conditions laid down in Section 482(2) of the Bharatiya Nagrik Suraksha Sanhita, 2023, with the further condition that one of the bailors shall be the own/close family members of the petitioner.
(Harish Kumar, J) Anjani/- U T