Durga Baski v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.28523 of 2025 Arising Out of PS. Case No.-788 Year-2023 Thana- MUNGER COMPLAINT CASE District- Munger ====================================================== 1.

Durga Baski S/o Matlu Baski R/o Village- Ghodakhur, Gobadda, P.S. (Shampur OP), Haveli Khadagpur, Distt.- Munger, Bihar 2.

Sanjee Devi W/o Durga Baski R/o Village- Ghodakhur, Gobadda, P.S. (Shampur OP), Haveli Khadagpur, Distt.- Munger, Bihar 3.

Raijee Tuddu @ Raijee Tuddui @ Rajee Tuddu S/o Late Jakkar Tuddu R/o Village- Kadi Ghati, P.S. (Shampur OP), Haveli Kharagpur, Distt.- Munger, Bihar 4.

Churki Devi W/o Raijee Tuddu @ Raijee Tuddui R/o Village- Kadi Ghati, P.S. (Shampur OP), Haveli Khadagpur, Distt.- Munger, Bihar ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Gyanendra Kumar Singh For the Opposite Party/s :

Mr. Brajendra Nath Pandey ====================================================== CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA ORAL ORDER 07-05-2025

1. Heard learned counsel for the petitioners and learned A.P.P. for the State.

2. The petitioners apprehend their arrest in a case registered for the offences punishable under Sections 148, 324, 379, 380, 427, 354(B) and 448 of the Indian Penal Code.

3. Learned counsel for the petitioners submits that petitioners are persons with clean antecedent and petitioner no. 1 is own elder brother of the Late husband of the complainant and petitioner no. 2 is wife of petitioner no. 1 while petitioner no. 4 is own sister of petitioner no. 1 and petitioner no. 3 is

Patna High Court CR. MISC. No.28523 of 2025(2) dt.07-05-2025 2/3 husband of petitioner no. 4, thus, it is submitted that petitioners are related to the complainant and on account of dispute relating to property and passage, the instant false case came to be instituted with an allegation that the accused persons assaulted her and the petitioner no. 1 in a drunken condition in the night entered her house and tried to commit rape, but then it is submitted that the said allegation is an exaggerated allegation only to give a serious colour to the case. It is further submitted that petitioner will not abscond rather will co-operate in the trial to prove his innocence.

4. Learned A.P.P. for the State opposes the prayer for anticipatory bail of the petitioners.

5. Considering the submissions made by the learned counsel for the petitioners, the petitioners above-named, in the event of their arrest or surrender before the learned trial court within a period of six weeks from today, be released on anticipatory bail on furnishing bail bonds of Rs. 10,000/- (Rupees Ten Thousand) each with two sureties of the like amount each to the satisfaction of the learned trial court where the case is pending/successor court in connection with Complaint Case No. 788 of 2023 subject to the conditions as laid down under Section 438 (2) of the Cr.P.C.

Patna High Court CR. MISC. No.28523 of 2025(2) dt.07-05-2025 3/3

6. It is made clear that if the learned Trial Court comes to a conclusion that petitioners, after their release, are trying to delay the trial in any manner in that event, the learned Trial Court shall be at liberty to cancel the bail bonds of the petitioners after recording reasons.

(Satyavrat Verma, J) Rishabh/- U T