Genda Devi @ Babita Devi v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.71985 of 2025 Arising Out of PS. Case No.-119 Year-2021 Thana- TURKAULIYA District- East Champaran ====================================================== Genda Devi @ Babita Devi Wife of Vijay Bhagat Resident of Village - Chailaha, Parariya, P.S. - Banjariya, Dist. - East Champaran. ... ... Petitioner/s
Versus
The State of Bihar Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr.Abhishek Kumar For the Opposite Party/s :
Mr.Tarkeshwar Nath Thakur ====================================================== CORAM: HONOURABLE MR. JUSTICE CHANDRA PRAKASH SINGH ORAL ORDER 01-11-2025 Heard learned counsel for the petitioner and learned A.P.P for the State.
2. The petitioner has preferred this application for grant of regular bail in connection with Turkauliya (Banjaria) P.S. Case No. 119/2021 dated 11.02.2021 registered for the offences punishable u/s 341, 323, 313, 354, 379 and 504 read with 34 of the Indian Penal Code.
3. As per the prosecution case, when the informant went to the house of the accused persons for demanding her due money, the petitioner and the co-accused persons started abusing her. On objection by the informant, the accused persons with an intention to kill started assaulting her. On the instigation of Mahendra Bhagat, Uday Bhagat assaulted the informant with iron rod causing injury. The co-accused, Vijay Bhagat assaulted
Patna High Court CR. MISC. No.71985 of 2025(2) dt.01-11-2025 2/3 her with lathi and the petitioner caught her hair and dragged her and assaulted her with kick and fist due to which the informant sustained injury which caused her miscarriage.
4. Learned counsel for the petitioner has submitted that the petitioner is innocent and has falsely been implicated in this case. Nothing has been recovered from the conscious possession of the petitioner. The petitioner has no concern with the alleged occurrence. The petitioner is a lady. There is a delay of 11 days in lodging the F.I.R. The petitioner has clean antecedent as stated in para 3 of the bail petition. The petitioner is in custody since 13.08.2025.
5. Learned A.P.P. for the State has vehemently opposed the bail petition of the petitioner. The anticipatory bail of the petitioner has been rejected by the co-ordinate bench of this court vide order dated 24.05.2022 passed in Cr. Misc. No. 53788/2021.
6. Considering the aforesaid facts and circumstances of the case as well as the period of custody, the petitioner abovenamed, is directed to be enlarged on bail on furnishing bail-bond of Rs.20,000/- (Rupees Twenty Thousand) with two sureties of the like amount each to the satisfaction of learned Court concerned, East Champaran, Motihari in connection with
Patna High Court CR. MISC. No.71985 of 2025(2) dt.01-11-2025 3/3 Turkauliya (Banjaria) P.S. Case No. 119/2021.
7. The application stands allowed.
(Chandra Prakash Singh, J) Atul/- U T