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Patna High CourtCR. MISC./25978/2025bail granted

Rinki Devi v. The State Of Bihar

2025-05-15Mr. Justice Rajiv Roy3 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.25978 of 2025 Arising Out of PS. Case No.-431 Year-2023 Thana- BIKRAMGANJ District- Rohtas ====================================================== 1.

Rinki Devi W/O Tesh Lal Pasi R/O Vill.- Basuganj Sikaria, P.S.- Bikramganj, Dist.- Rohtas.

2.

Tetar Kumari D/O Tesh Lal Pasi R/O Vill.- Basuganj Sikaria, P.S.- Bikramganj, Dist.- Rohtas.

... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Rameshwar Singh, Advocate For the State :

Mr. Satyendra Narayan Singh, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE RAJIV ROY ORAL ORDER 15-05-2025 Heard the parties.

2. The petitioners apprehend their arrest in connection with Bikramganj P.S. Case No. 431 of 2023 for the offence registered under Sections 147, 148, 149, 448, 323, 307, 302, 504 of the IPC lodged on 01.08.2023 by the informant Pappu Ram.

3. As per the prosecution story, the informant alleged that while they were cooking fish, Tesh Lal Pasi came and wanted to dine with them, upon refusal, he gave 'kudal' blow both to the informant and his brother who were injured. As their mother was taking treatment, the allegation is that all of them assaulted which ultimately hit the mother on the head, she was taken to the SubDivisional Hospital Dhangai, Bikramganj where the doctor declared her dead. This led to the FIR.

Patna High Court CR. MISC. No.25978 of 2025(2) dt.15-05-2025 2/3

4. Learned counsel for the petitioners submits that the allegation is against Tesh Lal Pasi mainly of giving 'kudal' blow to the informant and his brother, subsequently, the same was exaggerated and though a scuffle took place, all the female members including these two petitioners were implicated. Omnibus allegation is against them and are ready to diligently appear in the trial.

5. Learned APP for the State, on the other hand, opposes the prayer for anticipatory bail and submits that the allegation of assaulting the mother of the informant is against all the accused persons including the two petitioners.

6. Though the allegation is grave, the accused with common intention assaulted which led to death of the mother but the fact remains that the main accusation is on Tesh Lal Pasi, these two petitioners are ladies having no criminal antecedent, it is informed that petitioner no. 2 is going to be married, in that background, this Court is inclined to grant them the anticipatory bail with conditions.

7. Let the petitioners in the event of arrest or surrnender within a period of four weeks from the date of receipt of the order, shall be released on anticipatory bail on furnishing bail 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., Bikramganj,

Patna High Court CR. MISC. No.25978 of 2025(2) dt.15-05-2025 3/3 Rohtas at Sasaram in connection with Bikramganj P.S. Case No. 431 of 2023 subject to condition as laid down under Section 438

(2) of the Cr.P.C.

(i) one of the bailor should be the family members/relatives of the petitioners, who shall provide official document to show is 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 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;

(iv) the petitioners shall desist from committing any criminal offence again failing which the State shall be at liberty to take steps for cancellation of the bail bonds. (Rajiv Roy, J) priyanka/- U T