Pratibha Devi v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.57363 of 2025 Arising Out of PS. Case No.-221 Year-2024 Thana- SHANKARPUR District- Madhepura ====================================================== 1.

Pratibha Devi W/O Sanjay Yadav R/O Village- Kolhua, Ward No.-17, P.SShankarpur, Distt.- Madhepura. 2.

Fulia Devi W/O Late Bhupendra Yadav R/O Village- Kolhua, Ward No.-17, P.S- Shankarpur, Distt.- Madhepura.

3.

Baby Kumari W/O Rajeev Kumar R/O Village- Kolhua, Ward No.-17, P.SShankarpur, Distt.- Madhepura. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Prasoon Kumar For the Opposite Party/s :

Mr.Upendra Kumar ====================================================== CORAM: HONOURABLE MR. JUSTICE HARISH KUMAR ORAL ORDER 27-08-2025 Heard the parties.

2. The petitioners are ladies, who are apprehending their arrest in connection with Shankarpur P.S. Case No. 221 of 2024, registered for the offences punishable under Sections 126(2),115(2),117(2),118(2),109,303(2),134,329(3),352,351(2)

(3) and 3(5) of the BNS, 2023.

3. Allegedly on account of land dispute, all the FIR named accused persons, including the petitioners, came at the disputed land and thereupon started abusing and assaulting. There is allegation against these petitioners that they have snatched the valuables of the informant and others. Further

Patna High Court CR. MISC. No.57363 of 2025(2) dt.27-08-2025 2/3 allegation of assault has been levelled against the male members of the family.

4. Learned Advocate for the petitioners contended that admittedly there is a land dispute between the parties which led to a free fight resulting into injuries to the persons of both the sides. So far the petitioners are concerned, they were not even present at the place of occurrence but only with a view to put pressure and wreak vengeance, their names have been implicated in this case. There is pending title suit between the parties bearing No. 586 of 2022 and moreover there is no allegation that the petitioners have any how assaulted any of the person.

5. On the other hand, learned Advocate for the State vehemently opposes the bail application and submits that the petitioners have actively participated in the crime, besides the fact that the petitioner no. 2 bears one criminal antecedent.

6. Having considered the submissions set forth by the learned Advocates for the respective parties and taking note of the fact that the petitioners are ladies and the genesis of the occurrence is land dispute, let the petitioners abovenamed be released on bail, in the event of their arrest or surrender before the court below within a period of four weeks from the date of

Patna High Court CR. MISC. No.57363 of 2025(2) dt.27-08-2025 3/3 receipt/production of a copy of this order, upon furnishing bail bonds of Rs.5,000/- (five thousand) each with two sureties of the like amount each to the satisfaction of the learned Additional Chief Judicial Magistrate 1st, Madhepura in connection with Shankarpur P.S. Case No. 221 of 2024, subject to the conditions laid down in Section 482(2) of the Bharatiya Nagrik Suraksha Sanhita, 2023, with the further condition that one of the bailors shall be the own/close family members of the petitioners. (Harish Kumar, J) Anjani/- U T