Mohbatia Devi @ Sohbatiya Devi v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.24288 of 2025 Arising Out of PS. Case No.-373 Year-2022 Thana- KATORIYA District- Banka ====================================================== 1.
Mohbatia Devi @ Sohbatiya Devi W/o Triloki Yadav R/o vill - Tetariya, P.O. - Bhorsar, P.s. - Katoriya, Distt.- Banka 2.
Guriya Devi @ Gudiya Devi W/o Aso Yadav R/o vill - Tetariya, P.O. - Bhorsar, P.s. - Katoriya, Distt.- Banka 3.
Kushmi Devi @ Kushma Devi W/o Dinesh Yadav R/o vill - Tetariya, P.O. - Bhorsar, P.s. - Katoriya, Distt.- Banka ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioners :
Mr. Sanjay Kumar Jha, Advocate For the State :
Mr. Awadhesh Kumar Singh, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH ORAL ORDER 01-05-2025 Heard learned counsel appearing on behalf of the petitioners and learned APP appearing on behalf of the State.
2. The petitioners apprehend their arrest in a case registered for the offence punishable under Sections 452, 341, 323, 324, 307, 354B, 504, 506 and 34 of the Indian Penal Code.
3. As per prosecution case, on 27.09.2022 in the evening, co-accused Dinesh Yadav and Asho Yadav forcefully entered into house of informant and caught the wife of informant, threw her on the ground and assaulted on her private part. It is further alleged that when son and daughter of informant came to rescue, they were also assaulted by the
Patna High Court CR. MISC. No.24288 of 2025(2) dt.01-05-2025 2/3 accused persons. In the meantime, these petitioners came and dragged wife of informant outside the house and assaulted her by means of fist and slap. It is further alleged that when informant intervened, co-accused Asho Yadav assaulted on his hand by means of lathi.
4. It is submitted by learned counsel appearing on behalf of the petitioners that petitioners are quite innocent and have committed no offence. From bare perusal of the F.I.R. it is apparent that specific accusation of assault is against other coaccused persons. Both parties are Gotiya and have land dispute due to which this false and concocted case has been lodged. There is no specific allegation of assault against these petitioners. Petitioners are female members of the family and claim clean antecedents.
5. Learned A.P.P. for the State has vehemently opposed the prayer for grant of anticipatory bail to the petitioners.
6. Considering the general and omnibus nature of accusation and clean antecedents of the petitioners, the prayer for grant of anticipatory bail to the petitioners is allowed.
7. Accordingly, in the event of arrest/surrender within a period of eight weeks from today, let the above named
Patna High Court CR. MISC. No.24288 of 2025(2) dt.01-05-2025 3/3 petitioner be enlarged on bail on furnishing bail-bond of Rs. 10,000/- (ten thousand) each with two sureties of the like amount each to the satisfaction of learned Chief Judicial Magistrate, Banka in connection with Katoria P.S. Case No. 373 of 2022, subject to condition as laid down under Section 482(2) of the B.N.S.S..
(Prabhat Kumar Singh, J) shashank/- U T