Rekha Devi v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.42876 of 2024 Arising Out of PS. Case No.-213 Year-2017 Thana- DEEPNAGAR District- Nalanda ====================================================== 1.

REKHA DEVI W/O UPENDRA CHOUHAN RESIDENT OF VILLAGELAL BAGH, P.S- DEEP NAGAR, DISTT.- NALANDA. 2.

RINKU DEVI W/O RAJA CHOUHAN RESIDENT OF VILLAGE-LAL BAGH, P.S- DEEP NAGAR, DISTT.- NALANDA.

... ... Petitioner/s

Versus

THE STATE OF BIHAR ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

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

Mr. Ganesh Prasad Singh, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL DUTTA MISHRA ORAL ORDER 10-07-2024 Heard learned counsel for the petitioners and learned Additional Public Prosecutor for the State.

2. The petitioners are apprehending their arrest in connection with Deep Nagar P.S. Case No. 213 of 2017 (G.R. No. 2688 of 2017) registered for the offences punishable under Sections 323, 341, 324, 325, 326, 307, 564 and 34 of the Indian Penal Code and later added Section 302 of the IPC.

3. Allegation against the petitioners is that they have assaulted the informant and her father by means of axe and khanti due to which he become unconscious and was admitted in Sadar Hopital, Bihar Shariff and Ranjay Emergency Hospital for better treatement.

Patna High Court CR. MISC. No.42876 of 2024(2) dt.10-07-2024 2/3

4. Learned counsel for the petitioners submits that petitioners are innocent and have falsely been implicated in this case. Petitioners are not residing in the village and they were not present at the place of occurrence. He further submits that there is specific allegation against co-accused Sheonandan Chouhan, Upendra Chouhan and Raja Chouhan of assaulting the father of the informant who later on died during the treatment. Learned counsel for the petitioners further submits that petitioners are ladies having clean antecedent and undertake to cooperate in the investigation and trial of this case.

5. Learned APP opposes the prayer for anticipatory bail of the petitioners.

6. Considering the facts and circumstances of the case and submissions of learned counsel for the parties, let the petitioners, above named, in the event of their 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 bonds of Rs. 10,000/- (rupees ten thousand) each with two sureties of the like amount each to the satisfaction of the concerned Court where the case is pending in connection with Deep Nagar P.S. Case No. 213 of 2017 (G.R. No. 2688 of 2017), subject to the conditions as

Patna High Court CR. MISC. No.42876 of 2024(2) dt.10-07-2024 3/3 laid down under Section 438 (2) of the Code of Criminal Procedure.

(Sunil Dutta Mishra, J) khushbu/- U T