Sangeeta Devi v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.37861 of 2025 Arising Out of PS. Case No.-153 Year-2022 Thana- BARABAR TOURIST DistrictJehanabad ====================================================== 1.
Sangeeta Devi W/O Late Tempu Paswan Resident of village- Amsara, PSBarabar Paryatan, District- Jehanabad 2.
Nisha Kumari D/O Late Tempu Paswan Resident of village- Amsara, PSBarabar Paryatan, District- Jehanabad ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr. Paritosh Parimal, Advocate For the Opposite Party/s :
Mr. Anil Kumar, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE RAJESH KUMAR VERMA ORAL ORDER 18-06-2025 Heard Mr. Paritosh Parimal, learned counsel for the petitioners and Mr. Anil Kumar, learned Additional Public Prosecutor for the State.
2. The petitioners are apprehending their arrest in connection with Barabar Paryatan (Bishnunganj O.P) P.S. Case No. 153 of 2022, F.I.R. dated 23.09.2022 for the offences punishable under Sections 341, 323, 325, 379, 504, 506 of Indian Penal Code.
3. According to prosecution case, the informant alleged that the petitioners along with other accused persons assaulted her son and her daughter. When the informant and her husband came to rescue, the accused persons assaulted them also.
Patna High Court CR. MISC. No.37861 of 2025(2) dt.18-06-2025 2/3
4. Learned counsel for the petitioners submits that petitioners have clean antecedent and they have falsely been implicated in the present case. It appears from the FIR that although the petitioners are named in the FIR but there is no specific allegation of assault or overt act against them rather specific allegation is attributed against co-accused persons, namely, Ranjan Paswan and Sudhir Paswan and petitioners have been made accused merely on the ground that they are the family members of the co-accused persons.
5. The learned Additional Public Prosecutor has vehemently opposed the prayer for bail of the petitioners.
6. Considering the aforesaid facts and circumstances, petitioners have clean antecedent and there is no specific allegation of assault or overt act against the petitioners, let the petitioners, above named, in the event of arrest or surrender before the court below within a period of thirty days from the date of receipt of the order, be released on bail on furnishing bail bond of Rs. 10,000/- (Ten Thousand) each with two sureties of the like amount each to the satisfaction of the learned Judicial Magistrate-I class, Jehanabad in connection with Barabar Paryatan (Bishnunganj O.P) P.S. Case No. 153 of 2022, subject to the conditions as laid down under Section 438(2) of the Code
Patna High Court CR. MISC. No.37861 of 2025(2) dt.18-06-2025 3/3 of Criminal Procedure / Section 482(2) of the Bhartiya Nagarik Suraksha Sanhita and with other following conditions:- i. Petitioners shall co-operate in the trial and shall be properly represented on each and every date fixed by the court and shall remain physically present as directed by the court and on their absence on two consecutive dates without sufficient reason, their bail bond shall be cancelled by the Court below. ii. If the petitioners tampers with the evidence or the witnesses, in that case, the prosecution will be at liberty to move for cancellation of bail.
iii. And further condition that the court below shall verify the criminal antecedent of the petitioners and in case at any stage it is found that the petitioners have concealed their criminal antecedent, the court below shall take step for cancellation of bail bond of the petitioners. However, the acceptance of bail bonds in terms of the above-mentioned order shall not be delayed for purpose of or in the name of verification.
(Rajesh Kumar Verma, J) Suruchi/- U T