Bachchi Devi v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No 73927 of 2025 Arising Out of PS. Case No.-80 Year-2025 Thana- KESARIA District- East Champaran ====================================================== 1.

Bachchi Devi W/o Lalbabu Rai Resident of Village- Bairiya, Ward No.-4, P.S.-Kesariya, District- East Champaran.

2.

Laxmi Devi W/o Babulal Rai Resident of Village- Bairiya, Ward No.-4, P.S.- Kesariya, District- East Champaran.

... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Dhurendra Kumar For the Opposite Party/s :

Mr.Pronoti Singh ====================================================== CORAM: HONOURABLE MR JUSTICE AJIT KUMAR ORAL ORDER 19-11-2025 Heard learned counsel for the petitioners and the learned APP for the State.

2 The petitioners are apprehending their arrest in a case registered for the offence punishable under Sections 189 (2), 126 (2), 115 (2), 76, 303 (2), 308 (2), 352, 351 (2) of the BNS, 2023.

3 The prosecution case is that the informant, who is working as Anganbari Sevika at Centre No 84 in Gram Panchayat Raj Bairiya. On 01.03.2025 at about 2 pm, her neighbours armed with weapons came at the Centre and started abusing her and on protest, all accused persons caught her hair and dashed her on the ground due to which she became half

Patna High Court CR. MISC. No.73927 of 2025(2) dt.19-11-2025 2/3 naked and all accused persons also assaulted her with fats-legs and lathi-danda. It is further alleged that in course of marpit, co-accused Babulal Roy snatched her gold chain from her neck and they tore the register which was kept at her Centre and also demanded Rs 20,000/- as rangdari every six months and also took away six bags of rice from the Center.

4 Learned counsel for the petitioners submits that the petitioners' children are beneficiaries of Angan Bari Centre and there is nothing specific against these petitioners for having committed the crime in question. However, the specific allegation of overt act is against the other co-accused who are not the petitioners in this case and these petitioners undertake that they would be maintaining peace and would not do such offence in future and abide by the terms and conditions of anticipatory bail if such privilege is extended in their favour. 5 Considering the fact that petitioners are ladies and their children are beneficiaries and there is no specific allegation against them, this Court is inclined to grant the privilege of anticipatory bail to the petitioners.

6 Let the petitioners abovenamed, in the event of their arrest or surrender before the Court below within a period of thirty days from the date of receipt of this order, be released on

Patna High Court CR. MISC. No.73927 of 2025(2) dt.19-11-2025 3/3 bail on each of them furnishing bonds of Rs 10,000/- (Rupees Ten Thousand) with two sureties of the like amount each to the satisfaction of CJM, East Champaran, Motihari in Kesariya PS Case No 80 of 2025 subject to all conditions as laid down in Section 482 of the BNSS, 2023 and also the following conditions:

(i) One of the bailors should be the family member/relative of the petitioners who shall provide official document to show his/her bona fide;

(ii) The petitioners shall appear on each and every date before the trial Court and failure to do so for two consecutive dates without plausible reason will entail cancellation of their bail bonds by the trial Court itself;

(iii) The petitioners shall in no way try to induce or promise or threat the witnesses or tamper with the evidence, failing which the State shall be at liberty to take steps for cancellation of their bail bonds; and (iv) The petitioners shall desist from committing any criminal offence again, failing which the State shall be at liberty to take steps for cancellation of their bail bonds.

7 This application is allowed.

(Ajit Kumar, J) M.E.H./- U T