Kavita Devi @ Kavita Rani v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.52202 of 2024 Arising Out of PS. Case No.-258 Year-2023 Thana- BAKHARI District- Begusarai ====================================================== Kavita Devi @ Kavita Rani, Female, aged about 37 years, Wife of Ashok Tanti @ Ashok Kumar @ Ashok Das, Resident of Village - Gaurachak, Post - Budhaura, P.S. - Allauli, District - Khagaria. ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr. Sandip Kumar Gautam, Advocate For the Opposite Party/s :
Mr. Ganesh Prasad Singh, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE RAMESH CHAND MALVIYA ORAL ORDER 20-07-2024 Heard learned counsel for the petitioner and learned APP for the State.
2. The petitioner apprehends her arrest in connection with Bakhri (Bakhari) P.S. Case No. 258 of 2023 instituted for the offences punishable under Sections 341, 323, 504, 354 (B), 386, 436, 427 and 34 of the Indian Penal Code.
3. As per the prosecution case, petitioner and coaccused persons arrived at the house of the informant having armed and weapons asking for rangdari. It is further alleged that when the father of the informant protested the accused person then the accused persons gave an order to set fire to the house of the informant and thrown the informant and the family members in the fire.
Patna High Court CR. MISC. No.52202 of 2024(2) dt.20-07-2024 2/3
4. Learned counsel for the petitioner submits that petitioner is innocent has committed no offence and has falsely been implicated in this case. It is evident that the entire allegation of abuse and assault to the informant and his mother is general and omnibus in nature. There is no specific allegation of demand of Rangdari against the petitioner. He next submits that the petitioner has falsely been implicated in this case because the daughter and wife of the co-accused namely Chhoten Sada had filed some cases against the informant. Petitioner has got clean antecedent as stated in para 3 of the petition.
5. Learned APP opposes the prayer for bail.
6. From perusal of the FIR and the impugned order of the learned Additional District and Sessions Judge-II, Begusarai dated 03.05.2024, it appears that petitioner is named in the FIR and the allegation is that she is the order giver, there is specific allegation against co-accused and not against the petitioner and the petitioner is a lady, so considering all these aspects, let the petitioner above named in the event of her arrest or surrender before the Court below within six weeks from today, be released on bail upon furnishing bail bonds of Rs. 10,000/- (Ten Thousand) with two sureties of the like amount each to the
Patna High Court CR. MISC. No.52202 of 2024(2) dt.20-07-2024 3/3 satisfaction of the learned Additional Chief Judicial Magistrate, Bakhri (Bakhari), Begusarai in connection with Bakhri (Bakhari) P.S. Case No. 258 of 2023, subject to the conditions laid down in Section 438(2) of the Cr.P.C.
(Ramesh Chand Malviya, J) Anand Kr.
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