Lakhani Devi v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.27528 of 2025 Arising Out of PS. Case No.-72 Year-2022 Thana- BARACHATTI District- Gaya ====================================================== 1.
Lakhani Devi W/O Late Devaki Yadav R/O Village- Suraundha, PSBarachatti, District- Gaya 2.
Mithilesh Yadav S/O Sudarshan Yadav R/O Village- Suraundha, PSBarachatti, District- Gaya ... ... Petitioner/s
Versus
The State of Bihar Patna ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr.Soni Kumari For the Opposite Party/s :
Mr.Vinod Shanker Modi ====================================================== CORAM: HONOURABLE MR. JUSTICE CHANDRA PRAKASH SINGH ORAL ORDER 04-07-2025 Heard learned counsel for the petitioners and learned Additional Public Prosecutor for the State.
2. The petitioners are apprehending their arrest in a case in connection with Barachatti P.S. Case No. 72 of 2022 dated 01.02.2022 for the offence/s punishable u/ss 341, 342, 323, 379, 354B, 504, 506 read with section 34 of the IPC and section 3, 4 and 5 Dian Act.
3. As per the prosecution case, it is alleged that the cattle of Yogesh Yadav and Shambhu Yadav died due to disease. Thereafter, the petitioner and the co-accused persons armed with various weapons entered the house of the informant and misbehaved with her by calling her Dian and they disrobbed and
Patna High Court CR. MISC. No.27528 of 2025(2) dt.04-07-2025 2/3 dashed her on ground. It is further alleged that Kaliya Devi snatched her earring and Mangalsutra, Arju Yadav took out Rs. 35,000/- from her box, Shambhu Yadav cut her hair and Yogesh Yadav put black ash on her face forcibly. When the informant's husband came to rescue, they also assaulted him and they forcibly took the informant to Bhagat Jii (Ojha).
4. Learned counsel for the petitioners has submitted that the petitioners are innocent and have falsely been implicated in this case. There is a delay of 8 days in lodging the FIR. There is general and omnibus allegation against the petitioners. There is no specific allegation against the petitioners of misbehaving with the informant. The petitioner no. 1 is a lady. The petitioners have no criminal antecedent as stated in para 3 of the bail petition.
5. Learned A.P.P. for the State has vehemently opposed the prayer for anticipatory bail of the petitioners
6. Considering the aforesaid facts and circumstances of the case as well as the material available on the record, let the above named petitioners, in the event of their arrest/surrender within a period of six weeks from today, be enlarged on anticipatory bail on furnishing bail-bond of Rs. 20,000/- (Rupees twenty thousand) each with two sureties of the like
Patna High Court CR. MISC. No.27528 of 2025(2) dt.04-07-2025 3/3 amount each to the satisfaction of the learned court concerned, Sherghati, Gaya in connection with Barachatti P.S. Case No. 72 of 2022, subject to conditions as laid down under section 438(2) of the Code of Criminal Procedure.
7. The application stands allowed.
(Chandra Prakash Singh, J) guddukr/- U T