Kicho Devi v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.70771 of 2024 Arising Out of PS. Case No.-146 Year-2024 Thana- BALIYA District- Begusarai ====================================================== 1.
Kicho Devi W/o Setho Mahto R/O- Mirzapur Dih, P.O- Hussaina, P.SBallia Dist- Begusarai 2.
Sita Kumari D/o Setho Mahto R/O- Mirzapur Dih, P.O- Hussaina, P.SBallia Dist- Begusarai 3.
Kanchan Devi W/o Navesh Kumar R/O- Mirzapur Dih, P.O- Hussaina, P.SBallia Dist- Begusarai 4.
Salagam Devi @ Pramila Devi W/o Ram Prawesh Kumar R/O- Mirzapur Dih, P.O- Hussaina, P.S- Ballia Dist- Begusarai ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr. Yogesh Chandra Verma, Sr. Advocate Ms. Priyanka Singh For the Opposite Party/s :
Mr. Chandra Bhushan Prasad ====================================================== CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA ORAL ORDER 04-10-2024
1. Heard learned Senior counsel for the petitioners, Mr. Yogesh Chandra Verma, learned A.P.P. for the State, Mr. Chandra Bhushan Prasad and learned counsel appearing on behalf of the informant, Mr. B.J. Jha.
2. The petitioners apprehend their arrest in a case registered for the offences punishable under Sections 147, 148, 323, 384, 385 and 302 of the Indian Penal Code.
3. Learned Senior counsel for the petitioners submits that petitioners are persons with clean antecedent and are women and the informant alleges that on 01.05.2024 at 06:00 AM, the accused persons including the petitioners came variously armed for seeking extortion and started abusing his
Patna High Court CR. MISC. No.70771 of 2024(2) dt.04-10-2024 2/3 father, on protest, accused Babesh Kumar said that he has sold land and has not given extortion of Rs. 3 Lakhs and gave orders to kill and thereafter Rampravesh caught his father from behind while Manoj and Babesh caught both his hands and Navesh assaulted his father by Kulhari causing injury on head, thereafter Kicho Devi and Sita Kumari caught his mother by hair and dashed her on the ground and assaulted by leg and fist, while Kanchan and Salagam Devi started pressing the neck of the informant along with his testicles, but he managed to save himself, further his father died on way to hospital.
4. Learned Senior counsel for the petitioners submits that petitioners have been falsely implicated in the instant case on account of dispute relating to land. It is next submitted that no doubt father of the informant died on account of assault, but then specific allegation of assaulting the father of the informant is against Navesh while it is alleged that Rampravesh caught his father from behind while Manoj and Babesh caught both hands of his father. It is next submitted that petitioners, being women and family members of the male co-accused persons, have been falsely implicated in the instant case. It is also submitted that even presuming what has been alleged is true then petitioners are not the assailants, it is next submitted that as far as
Patna High Court CR. MISC. No.70771 of 2024(2) dt.04-10-2024 3/3 allegation of pressing neck and testicles of the informant is alleged, the same appears improbable.
5. Learned A.P.P. for the State along with learned counsel appearing on behalf of the informant opposes the prayer for anticipatory bail of the petitioners.
6. Considering the submissions made by the learned counsel for the petitioners, the petitioners above-named, in the event of their arrest or surrender before the learned trial court within a period of six weeks from today, be released on anticipatory 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 learned trial court where the case is pending/successor court in connection with Ballia P.S. Case No. 146 of 2024 subject to the conditions as laid down under Section 438 (2) of the Cr.P.C.
7. Accordingly, the instant anticipatory bail application stands allowed.
(Satyavrat Verma, J) Rishabh/- U T