Babita Devi v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.47186 of 2021 Arising Out of PS. Case No.-89 Year-2021 Thana- KARPI District- Jehanabad ====================================================== 1.

BABITA DEVI Wife of Sukhdev Singh Resident of Village- Manirampur Selarpur, P.S.- Karpi, District- Arwal.

2.

Manju Devi Wife of Manish Kumar Resident of Village- Manirampur Selarpur, P.S.- Karpi, District- Arwal.

... ... Petitioner

Versus

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

For the Petitioner/s :

Mr. Umesh Kumar, Advocate For the Opposite Party/s :

Mr. Brajendra Nath Pandey, APP For the informant : Mr. Navin Kumar Jha, Advocate ====================================================== CORAM: HONOURABLE MR. JUSTICE SUDHIR SINGH ORAL ORDER 12-04-2022 Heard learned counsel for the petitioners and the State. Learned counsel for the petitioners is directed to remove the defect(s), as pointed out by the office, within a period of four weeks.

The petitioners are apprehending their arrest in Karpi P.S. Case No. 89 of 2021 registered for the offence under Sections 341, 323, 325, 308, 504, 379/34 of the Indian Penal Code. Prosecution case in short is that while the informant was constructing his house in the meanwhile, the accused persons came at the door of informant and started abusing him. On protest, coaccused Sukhdeo Singh is said to have assaulted the informant by means of lathi on his waist, as a result of which, he sustained injury. Ear ring of Bhabhi of the informant is also said to have snatched away.

It has been submitted on behalf of the petitioners that the petitioners have got no criminal antecedent. There is no allegation of

Patna High Court CR. MISC. No.47186 of 2021(2) dt.12-04-2022 2/2 tampering of witnesses alleged against the petitioners. The petitioners have been falsely implicated in the present case. There is case and counter case between the parties. Free fight is alleged to have taken place between the parties. The injury on the side of the accused has not been explained by the prosecution. The prosecution has not come with clean hands. Both the petitioners are ladies. On behalf of the State, it is submitted that the petitioners are named in the Complaint Case/F.I.R.

Considering the aforesaid facts and circumstances of the case, the petitioners, above named, in the event of arrest or surrender before the learned court below within a period of twelve weeks from today, be released on anticipatory bail on furnishing bail bonds of Rs. 10,000/- (ten thousand) each with two sureties of the like amount each to the satisfaction of learned Additional Chief Judicial Magistrate-IV, Arwal in connection with Karpi P.S. Case No. 89 of 2021 subject to the conditions as laid down under Section 438(2) of the Code of Criminal Procedure.

(Sudhir Singh, J) A.K.V.//- U T