Rekha Devi v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.72416 of 2023 Arising Out of PS. Case No.-217 Year-2023 Thana- BALIYA District- Begusarai ====================================================== Rekha Devi Wife Of Late Baiju Yadav Resident Of Village - Hussainichak, Ward No.12, P.S. - Ballia, District - Begusarai ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr. Shubhesh Pandey, Advocate For the Opposite Party/s :
Mr. Aditya Narayan Singh.1, APP For the Informant :
Mr. Saurav Kumar, Advocate ====================================================== CORAM: HONOURABLE MR. JUSTICE PARTHA SARTHY ORAL ORDER 09-11-2023
1. Heard learned counsel for the parties.
2. The petitioner has preferred this application for grant of regular bail in connection with Ballia P.S. Case no.217 of 2023 registered under sections 302, 307, 379, 147, 148, 149, 341, 323, 325 and 504 of the Indian Penal Code.
3. As per the prosecution case, the informant states that over some dispute relating to return of the amount which the petitioner had given by way of loan, the nine named accused persons including the petitioner herein came variously armed. Jawahar Yadav and Shiv Yadav assaulted Babita Devi and Pappu Kumar while the petitioner and two others are said to have assaulted Khalifa Yadav. Babita Devi died subsequently.
4. Learned counsel for the petitioner submits that the petitioner who is a lady has been falsely implicated in the case. The allegations are general and omnibus in nature. She is in
Patna High Court CR. MISC. No.72416 of 2023(2) dt.09-11-2023 2/2 custody since 8.8.2023 and has no criminal antecedent.
5. The prayer for bail is opposed by learned A.P.P for the State and learned counsel for the informant. Learned counsel for the informant submits that not only the petitioner is named in the F.I.R but specific overt-act has been alleged against her of having actively participated in the occurrence in which several persons were brutally injured and one of them namely Babita Devi died. There is specific allegation against the petitioner of having assaulted Khalifa Yadav.
6. Having heard learned counsel for the parties and taking into consideration the allegations in the F.I.R against this petitioner who is a lady, her being in custody since 8.8.2023, not having any criminal antecedent and charge-sheet having been submitted in the case, the petitioner is directed to be enlarged on bail in connection with Ballia P.S. Case no.217 of 2023 on furnishing bail bond of Rs.10,000/- (Rupees Ten Thousand) with two sureties of the like amount each to the satisfaction of the learned Chief Judicial Magistrate, Begusarai. (Partha Sarthy, J) Shiv/- U T