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Patna High CourtCR. MISC./30143/2025bail granted

Gaudi Devi @ Godi Devi v. The State Of Bihar

2025-05-19Mr. Justice Rajiv Roy3 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.30143 of 2025 Arising Out of PS. Case No.-29 Year-2024 Thana- THAKRAHA District- West Champaran ====================================================== Gaudi Devi @ Godi Devi W/O Tulsi Yadav Resident of Village- Harakh Tola, P.S-Thakraha, Dist.- West Champaran.

... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Ram Kumar Singh, Adv.

For the Opposite Party/s :

Mr. Zainul Abedin, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE RAJIV ROY ORAL ORDER 19-05-2025 Heard learned Counsel for the petitioner and learned APP for the State.

2. The petitioner apprehends her arrest in connection with Thakraha P.S. Case No. 29 of 2024 for the offence registered under sections 147, 149, 341, 323, 324, 307, 379, 448, 504, 506 of the IPC lodged on 07.06.2024 by the informant, Madan Yadav.

3. As per the prosecution story, during the demarcation of the land in the presence of the Advocate Commissioner, the assault took place in which allegation is as under:

(i) Amarjit Yadav and Rima Devi assaulted with lathi on the head of the informant;

Patna High Court CR. MISC. No.30143 of 2025(2) dt.19-05-2025 2/3 (ii) Narayan Yadav assaulted his brother, Ramanand Yadav with bhala;

(iii) Lalmuni Devi assaulted him with lathi.

4. Learned Counsel for the petitioner submits that though her name has cropped up, no allegation is there, it is mainly against Lal Babu Yadav, Keshav Yadav, Motilal Yadav and Sikandar Yadav of using farsa blow while Amarjit Yadav, Narayan Yadav and Birendra Yadav have given blows. Further, Rima Devi and others have been extended relief by this Court in Cr. Misc. No. 24600 of 2025.

5. Learned APP for the State, on the other hand, opposes the prayer for anticipatory bail submitting that there is allegation against this petitioner also, though omnibus in nature.

6. Considering the aforesaid submissions as also the fact that the lady has no criminal antecedent, main allegation is against named accused as recorded above, in that background, this Court is inclined to grant her the anticipatory bail with conditions.

7. Let the petitioner in the event of arrest or surrender 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

Patna High Court CR. MISC. No.30143 of 2025(2) dt.19-05-2025 3/3 amount each to the satisfaction of the learned J.M. Bagaha, West Champaran in connection with Thakraha P.S. Case No. 29 of 2024 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 petitioner, who shall provide official document to show his bona fide;

(ii) the petitioner 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 his bail bond by the Trial court itself;

(iii) the petitioner 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 petitioner 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) Vijay Singh/- U T