Babita Devi v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.33885 of 2024 Arising Out of PS. Case No.-104 Year-2023 Thana- LAKHNAUR District- Madhubani ====================================================== 1.
Babita Devi Wife Of Prem Thakur Resident Of Village-Ward No.-6, Deep, P.S.-Lakhnapur (Rsop), District-Madhubani 2.
Gangotri Kumari @ Gangotri Devi Daughter Of Prem Thakur Resident Of Village- Ward No.-6, Deep, P.S. -Lakhnaur (Rsop), District -Madhubani ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr. Arvind Kumar , Advocate For the Opposite Party/s :
Mr. Binod Kumar , APP ====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH ORAL ORDER 20-06-2024 At the outset learned counsel for the petitioners seek permission to make necessary correction in the bail petition .
2. Permission is accorded.
3 . Heard learned counsel for the petitioners and the State.
4. Petitioners apprehend their arrest in a case registered for the offence punishable under sections 341 , 323 , 308 , 354, 379, 504, 506 and 34 of the Indian Penal Code . 5 . As per the prosecution case , on the alleged date and time of occurrence , all the accused persons including these petitioners armed with lathi-danda , stone bricks and iron rod entered into the Court yard of the informant and assaulted the female family members of the informant. It is further alleged that these petitioners have committed theft of jewellery and
Patna High Court CR. MISC. No.33885 of 2024(3) dt.20-06-2024 2/2 other articles worth Rs. 1,00,000/- and also damaged the roof of the house of the informant.
6. It is submitted on behalf of the petitioners that both the parties are "gotias" and on petty dispute altercation took place between them. Allegation of assault is general and omnibus against these petitioners. Rest of the allegation is super addition to make the case grave in nature . Injuries are simple . Petitioners claim clean antecedent.
7. Learned counsel for the State oppose the bail petition.
8 . Considering the aforesaid facts and circumstances of the case, in the event of arrest or surrender within six weeks from today, let the petitioners, as named above, 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 the learned ACJM- I , Jhanjharpur, Madhubani in connection with Lakhnaur ( RSOP) P.S. Case No. 104 of 2023 , subject to the conditions laid down under section 438(2) of the Code of Criminal Procedure .
(Prabhat Kumar Singh, J) Koushik/- U T