Babita Devi v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.21039 of 2019 Arising Out of PS. Case No.-199 Year-2018 Thana- KESARIA District- East Champaran ====================================================== 1.

BABITA DEVI, aged about 40 years, Female, Wife of Dasai Mukhiya 2.

Rampati Devi @ Sripati Devi, aged about 35 years, Female, Wife of Ginni Mukhiya 3.

Savita Devi @ Sarita Devi, aged about 30 years, Female, Wife of Pramod Mukhiya All are residents of Village-Bankat Mafi, P.S.-Keshariya, District-East Champaran.

... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Krishna Kant Singh For the Opposite Party/s :

Mr.Rina Sinha ====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR JHA ORAL ORDER 04-04-2019 Heard both sides.

The petitioners apprehend their arrest in Kesariya P.S. Case No.199 of 2018 registered under Section 307 and other Sections of the Indian Penal Code.

The informant named three petitioners who are ladies along with Dasai Mukhiya, Ginni Mukhiya and Chandeshwar Mukhiya and alleged that they assaulted the informant and his grandmother and brother, Tunnu Mukhiya. Dasai Mukhiya is alleged to have assaulted Shakali Devi, grandmother and Tunnu Mukhiya with farsa on head. The petitioners along with Ginni Mukhiya and Chandeshwar Mukhiya are alleged to have

Patna High Court CR. MISC. No.21039 of 2019(2) dt.04-04-2019 2/2 assaulted the informant with lathi.

The learned counsel for the petitioners submits that petitioners are ladies. No specific allegation of assault is made against the petitioners. The informant is co-sharer of the petitioners. The police after investigation submitted final form finding the case false against the petitioners but the learned Judicial Magistrate after differing with the finding of police took cognizance against the petitioners.

Taking into consideration the aforesaid facts and the fact that no specific allegation of assault is made against the petitioners, who are ladies, let the petitioners, above named, in the event of their arrest or surrender before the court below within a period of four weeks from the date of receipt of the order, be released on bail on furnishing bail bond of Rs.10,000/- (Rupees Ten Thousand) each with two sureties of the like amount each to the satisfaction of the learned A.C.J.M. XI, East Champaran in connection with Kesariya P.S. Case No.199 of 2018, subject to the conditions as laid down under Section 438(2) of the Code of Criminal Procedure.

(Prabhat Kumar Jha, J) Saurabh/- U T