Lukhiya Devi v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.33396 of 2025 Arising Out of PS. Case No.-278 Year-2024 Thana- KHANPURA District- Samastipur ====================================================== 1.

Lukhiya Devi W/o Bahadur Malik Resident of Tengraha, P.S- Khanpur, Distt.- Samastipur, Bihar.

2.

Sangeeta Devi W/o Chhotu Mallik Resident of Tengraha, P.S- Khanpur, Distt.- Samastipur, Bihar.

... ... Petitioner/s

Versus

The State of Bihar.

... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Ms.Aditi Medha, Advocate For the Opposite Party/s :

Mr.Tarkeshwar Nath Thakur, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE CHANDRA SHEKHAR JHA ORAL ORDER 22-05-2025 Heard learned counsel appearing on behalf of the petitioners and learned Additional Public Prosecutor appearing on behalf of the State.

2. The both accused/petitioners are named in F.I.R. and apprehending their arrest in connection with Khanpur P.S. Case No. 278 of 2024, registered for the offences punishable under Sections 126(ii), 115(ii), 118(i), 117(ii), 352, 351(i), 4(v) of BNS.

3. The allegation against both above named petitioners is to assault informant and others after criminal trespass into their house with intention to cause their death. It is alleged that during the course of occurrence petitioners

Patna High Court CR. MISC. No.33396 of 2025(2) dt.22-05-2025 2/3 assaulted them by using lathi, rod, etc., causing head and bodily injuries.

4. Learned counsel appearing on behalf of the petitioners submitted that the occurrence took place in the background of the land dispute, where allegation of physical assault is very much general and omnibus. It is submitted that petitioners were implicated mainly being the female members with harassing attitude, whereas the thrust of allegation is available against male accused persons of the family. It is submitted that petitioners are lady of clean antecedents.

5. Learned APP opposed the prayer of bail.

6. Considering the aforesaid facts and circumstances and by taking note of fact as nature of allegation qua physical assault appears available very much general and omnibus against petitioners, who are ladies of clean antecedents, accordingly, both above named petitioners, in the event of their arrest or surrender before the learned trial Court, within a period of four weeks of the order, are directed to be released on bail furnishing bail bond of Rs. 10,000/- (Rupees Ten Thousand) each with two sureties of

Patna High Court CR. MISC. No.33396 of 2025(2) dt.22-05-2025 3/3 the like amount each to the satisfaction of the learned A.D.J.- 1, Samastipur/concerned Court, where the case is pending in connection with Khanpur P.S. Case No. 278 of 2024, subject to the conditions as laid down under Section 438(2) of the Cr.P.C./482(2) of the BNSS.

(Chandra Shekhar Jha, J) veena/- U T