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Patna High CourtCR. MISC./34626/2022bail granted

Ramawati Devi v. The State Of Bihar

2022-11-28Mr. Justice Satyavrat Verma3 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.34626 of 2022 Arising Out of PS. Case No.-423 Year-2021 Thana- KESARIA District- East Champaran ====================================================== 1.

RAMAWATI DEVI W/o Bideshi Mukhiya Resident of Village- Bathna, P.S.- Keshariya, District- East Champran.

2.

Sumitra Devi W/o Shri Bhaghwan Mukhiya Resident of Village- Bathna, P.S.- Keshariya, District- East Champran.

3.

Pratima Devi W/o Vikash Mukhiya Resident of Village- Bathna, P.S.- Keshariya, District- East Champran.

4.

Dewanti Devi W/o Jaylal Mukhiya Resident of Village- Bathna, P.S.- Keshariya, District- East Champran.

... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Kundan Rathore @ Kundan Kumar, Advocate For the Opposite Party/s :

Mr. Sanjay Kumar Tiwary, A.P.P.

====================================================== CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA ORAL ORDER 28-11-2022 Heard learned counsel for the petitioners and learned A.P.P. for the State.

The petitioners apprehend their arrest in a case registered for the offences punishable under Sections 341, 323, 302, 504, 506 and 34 of the Indian Penal Code. Learned counsel for the petitioners submits that petitioners are persons with clean antecedent and all the petitioners are women and the informant alleges that on account of dispute relating to children while playing, Videshi Mukhiya came and slapped her husband who fell as was differently abled

Patna High Court CR. MISC. No.34626 of 2022(2) dt.28-11-2022 2/3 person, thereafter named accused persons including the petitioners assaulted him by lathi and danda, further Sri Bhagwan and Vikas assaulted him by lathi, further Braj Kishore and Seema assaulted her daughter thereafter, it is alleged that her husband died during the course of treatment. Learned counsel for the petitioners submits that petitioners have been falsely implicated in the present case, it is next submitted that on account of dispute relating to children while playing, the occurrence is alleged to have taken place in which allegation of assault is against Sri Bhagwan Mukhiya, Vikas and Videshi and the petitioners being lady members of the family has been implicated with general and omnibus allegation of assault.

Learned A.P.P. for the State opposes the prayer for anticipatory bail of the petitioners.

Considering the submissions made by the learned counsel for the petitioners and also the fact that all the petitioners are women, the petitioners above-named, in the event of their arrest or surrender before the learned trial court within a period of six weeks from today, be released on anticipatory bail on furnishing bail bonds of Rs. 10,000/- (Rupees Ten Thousand) each with two sureties of the like amount each to the satisfaction

Patna High Court CR. MISC. No.34626 of 2022(2) dt.28-11-2022 3/3 of the learned trial court where the case is pending/successor court in connection with Kesariya P.S. Case No. 423 of 2021 subject to the conditions as laid down under Section 438 (2) of the Cr.P.C.

(Satyavrat Verma, J) Rishabh/- U T