Lalti Devi v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.38690 of 2025 Arising Out of PS. Case No.-33 Year-2025 Thana- MAKHDUMPUR District- Jehanabad ====================================================== Lalti Devi, aged about 48 years, Female, wife of Awadhesh Yadav, resident of Village- Matuar, P.S- Tehta, Distt.- Jehanabad. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Ram Sewak Prasad, Advocate For the Opposite Party/s :

Ms. Rina Sinha, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE KHATIM REZA ORAL ORDER 25-06-2025 Heard learned counsel for the petitioner and learned Additional Public Prosecutor for the State.

2. Learned counsel for the petitioner seeks permission to make necessary correction in paragraph no.1 with regard the name of the Court.

3. The petitioner apprehends arrest in connection with Makhdumpur (Tehta) PS Case No.33 of 2025 dated 24.01.2025, instituted under Sections 191(2), 126(2), 115(2), 110, 117(2), 303(2), 351(1) and 351(2) of the Bharatiya Nyaya Sanhita, 2023.

4. The prosecution case, in brief, is that the petitioner along with other accused named in the FIR formed unlawful assembly having armed with lathi, danda, iron rod and entered into the house of the informant and assaulted on her head due to

Patna High Court CR. MISC. No.38690 of 2025(2) dt.25-06-2025 2/3 which she fell down and became unconscious. Co-accused Awadhesh told her to shut down the southern side of the door otherwise they would kill her. When her husband and father-inlaw came to save him, accused persons also assaulted them. It is further alleged that petitioner snatched the gold chain from the neck of the informant.

5. Learned counsel for the petitioner submits that there is no specific allegation of assault against the petitioner, rather, allegation against all the accused is general and omnibus. Learned counsel further submitted that there is case and counter case between the parties and the counter case has been lodged by co-accused Balram Singh, father-in-law of the petitioner. The said case was lodged on the same day for the same occurrence prior to institution of this case. Allegation of snatching gold chain is nothing but ornamental. Lastly, it is submitted that the petitioner has no criminal antecedents.

6. Learned APP has opposed the prayer for bail.

7. Having considered the facts and circumstances of the case and submissions of learned counsel for the parties, in the event of arrest or surrender before the Court below within six weeks from today, the petitioner be released on bail upon furnishing bail bonds of Rs. 10,000/- (ten thousand) with two

Patna High Court CR. MISC. No.38690 of 2025(2) dt.25-06-2025 3/3 sureties of the like amount each to the satisfaction of the learned ACJM-1, Jehanabad, in Makhdumpur (Tehta) PS Case No.33 of 2025, subject to the conditions laid down in Section 482(2) of the Bharatiya Nagarik Suraksha Sanhita, 2023.

8. The application stands allowed.

(Khatim Reza, J) J. Alam/- U T