Aslani Devi v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.31356 of 2023 Arising Out of PS. Case No.-6 Year-2023 Thana- BASOPATTI District- Madhubani ====================================================== 1.
ASLANI DEVI WIFE OF BECHAN YADAV RESIDENT OF VILLAGE -CHHATAUNI, PS- BASOPATTI, DISTT- MADHUBANI 2.
POONAM DEVI WIFE OF RAJU YADAV RESIDENT OF VILLAGE -CHHATAUNI, PS- BASOPATTI, DISTT- MADHUBANI 3.
REETA DEVI WIFE OF VIJAY YADAV RESIDENT OF VILLAGE -CHHATAUNI, PS- BASOPATTI, DISTT- MADHUBANI 4.
GEETA DEVI WIFE OF JURI YADAV RESIDENT OF VILLAGE -CHHATAUNI, PS- BASOPATTI, DISTT- MADHUBANI 5.
FULTARO DEVI WIFE OF VINOD YADAV RESIDENT OF VILLAGE -CHHATAUNI, PS- BASOPATTI, DISTT- MADHUBANI ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr.Bhavesh Kumar Sah, Advocate For the Opposite Party/s :
Mr.Jai Narain Thakur, APP For the informant :
Mr. Ratnakar Jha, Advocate ====================================================== CORAM: HONOURABLE MR. JUSTICE MOHIT KUMAR SHAH ORAL ORDER 14-07-2023 1.
Heard the learned counsel for the petitioners and the learned A.P.P. for the State as also the learned counsel for the informant 2.
This is an application for grant of anticipatory bail in connection with Basopatti PS case no. 06 of 2023, registered for the offences punishable under Section 307 and other allied sections of the Indian Penal Code.
3.
The case of the prosecution, in brief, is that while the informant was crossing from the area situated in front of the
Patna High Court CR. MISC. No.31356 of 2023(2) dt.14-07-2023 2/3 house of the co-accused person Vijay Yadav, an altercation had taken place on the issue of obstruction having been put on the road, whereafter the accused persons including the petitioner had arrived there, totalling 16 in all and then the main accused person i.e. the Bechan Yadav and the other male accused persons are alleged to have assaulted the informant namely Satya Narayan Yadav, Mohan Yadav, Saroj Yadav and Ramashish Yadav, resulting in them sustaining serious injuries. 4.
The learned counsel for the petitioners submits that the petitioners are innocent, they have been falsely implicated in the present case and they are having a clean antecedent. The learned counsel for the petitioners has further submitted that as far as the petitioners are concerned, who are ladies, they have not been alleged to have engaged in any sort of overt act qua the injured persons, hence, they be granted the privilege of anticipatory bail.
5.
Per contra, the learned APP for the State has vehemently opposed the prayer for bail.
6.
Having regard to the facts and circumstances of the case, considering the submissions made by the learned counsel for the parties and taking into account the materials available on record as also considering the fact that the petitioners are not
Patna High Court CR. MISC. No.31356 of 2023(2) dt.14-07-2023 3/3 alleged to have engaged in any sort of overt act apart from the fact that they are having a clean antecedent, I deem it fit and appropriate to admit the petitioners to the privilege of anticipatory bail.
7.
Accordingly, the abovenamed petitioners, in the event of their arrest or surrender before the court below within a period of six weeks from the date of receipt/ production of a copy of this order, are directed to be released on anticipatory bail on furnishing bail bond of Rs. 10,000/- (Rs. Ten thousand) each with two sureties of the like amount each to the satisfaction of learned court of J.M. 1st class, Madhubani in connection with Basopatti PS case no. 06 of 2023, subject to the conditions as laid down under Section 438(2) of Code of Criminal Procedure. (Mohit Kumar Shah, J) rinkee/- U T