Prabhawati Devi v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.70430 of 2025 Arising Out of PS. Case No.-148 Year-2025 Thana- CHAPRA MUFFASIL District- Saran ====================================================== 1.
Prabhawati Devi W/O Sailendra Ray @ Shailendra Ray R/O VillageMaharajganj, P.S- Chapra Muffasil, Dist.- Saran. 2.
Sunaina Devi W/O Ravindra Ray R/O Village- Maharajganj, P.S- Chapra Muffasil, Dist.- Saran.
... ... Petitioners
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr. Yogesh Chandra Verma, Sr. Adv.
Mr. Aditya Rao Singh, Adv.
Mr. Rishav Ujjain, Adv.
For the Opposite Party/s :
Mr. Choubey Jawahar, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE ARUN KUMAR JHA ORAL ORDER 13-10-2025 Heard learned counsel for the petitioners and learned A.P.P. for the State.
2. In the present case, the petitioners seeks bail in connection with Chapra Muffasil P.S. Case No. 148 of 2025, registered for the offences under Sections 126(2), 115(2), 118(1), 117(2), 109, 3(5) of the Bharatiya Nyaya Sanhita.
3. As per the prosecution case, the petitioners and other co-accused persons armed with lathi, danda and rod came to the shop of the nephew of the informant and demanded Rs. 5000/- as extortion money. When their demand was opposed by the nephew of the informant, the petitioners entered into the shop and tried to forcibly remove the goods. Thereafter, other co-accused persons assaulted the family members of the
Patna High Court CR. MISC. No.70430 of 2025(2) dt.13-10-2025 2/3 informant and informant as well due to which nephew to the informant succumbed to his injuries.
4. Learned counsel appearing on behalf of the petitioner submits that petitioners are innocent and have been falsely implicated in this case. The allegation of assault and giving orders are against co-accused Pappu Ray and Bablu Ray and not against the petitioners. It is the co-accused persons who allegedly assaulted the informant's nephew Subodh Ray but there is no allegation against these petitioners who are ladies. The specific allegation of assault on Subodh Ray is against coaccused persons and not the petitioners. The petitioners have no criminal antecedent and are in custody since 20.06.2025. The charge-sheet has been submitted.
5. Learned A.P.P. appearing for the State opposes the submission made on behalf of the petitioners and submits that there is allegation of assaulting the nephew of the informant who subsequently succumbed to the injuries.
6. Having regard to the fact and circumstances and submission made on behalf of the parties and considering the fact that the petitioners are ladies and there was no specific allegation of causing injuries to the victims and further considering their clean antecedent, period of custody,
Patna High Court CR. MISC. No.70430 of 2025(2) dt.13-10-2025 3/3 submission of charge-sheet, the petitioners are directed to be released on bail, on furnishing bail bonds of Rs.10,000/- (Rupees Ten Thousand Only) each with two sureties of the like amount each to the satisfaction of learned Chief Judicial Magistrate, Saran at Chapra in connection with Chapra Muffasil P.S. Case No. 148 of 2025, subject to the condition laid down under Section 480(3) of the BNSS and other following conditions:
(i) One of the bailors will be a close relative of the petitioners.
(ii) The petitioners will remain present on each and every date fixed by the court below, if so required by the learned trial court.
(iii) In case of absence on three consecutive dates or in violation of the terms of the bail, the bail bond of the petitioners will be liable to be cancelled by the court concerned.
(Arun Kumar Jha, J) Siddharth Soni/- U T