Anita Devi v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.75194 of 2024 Arising Out of PS. Case No.-193 Year-2021 Thana- DARIHAT District- Rohtas ====================================================== 1.

Anita Devi Wife of Ajay Ram Village- Chilbilla Bhuiya Tola , PS- Darihat, Dist- Rohtas 2.

Kumari Devi Wife of Pravesh Ram Village- Chilbilla Bhuiya Tola , PSDarihat, Dist- Rohtas 3.

Ram Kali Devi Wife of Prasad Ram @ Ram Prasad Ram Village- Chilbilla Bhuiya Tola , PS- Darihat, Dist- Rohtas ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Rajani Kant Singh, Adv.

For the Opposite Party/s :

Mr.Sucheta Yadav, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE ANJANI KUMAR SHARAN ORAL ORDER 11-11-2024 Heard learned counsel for the petitioners and learned Additional Public Prosecutor for the State.

2.

The petitioners apprehend their arrest in a case registered for the offence punishable u/s 37(C) of Bihar Prohibition and Excise Amendment Act, 2018 and sections 147, 149, 341, 323, 307, 379, 448 and 504 of the IPC.

3.

As per the prosecution case, the F.I.R. named accused persons including the petitioners are said to have entered into the house of the informant and indiscriminately assaulted the informant's side.

4.

It is submitted by learned counsel for the petitioners that

Patna High Court CR. MISC. No.75194 of 2024(2) dt.11-11-2024 2/2 petitioners are quite innocent and have committed no offence. They have been falsely implicated in this case due to old enmity. There is general and omnibus allegation against all the accused persons and there is no specific overt act against the petitioners. Further, no offence under the Excise Act is made out against the petitioners as the same is attributed upon one Binod Ram. Petitioners are female and have no criminal antecedent. 5.

Learned APP for the State opposed the prayer for bail. 6.

Having regard to the facts and circumstances of the case, since there is no specific overt act against the petitioners, let the above named petitioners, be released on bail, in the event of their arrest or surrender before the learned Court below within a period of six weeks from today, on furnishing bail bond of Rs. 25,000/- (Rupees Twenty Five Thousand) each with two sureties of the like amount each to the satisfaction of the learned court below where the case is pending/Successor Court in connection with Darihat P.S. Case No.193 of 2021, subject to the conditions as laid down under Section 438(2) of the Cr.P.C. (Anjani Kumar Sharan, J) pallavi/- U T