Anita Devi v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.78937 of 2024 Arising Out of PS. Case No.-141 Year-2024 Thana- GAIGHAT District- Muzaffarpur ====================================================== 1.
Anita devi W/O Birendra Ram R/O Mohammadpur SURA, Naya Tola, P.SGaighat, Distt.- Muzaffarpur. 2.
Tatri Devi @ Tetari Devi @ Tetri Devi W/O Devendra Ram R/O Mohammadpur SURA, Naya Tola, P.S- Gaighat, Distt.- Muzaffarpur. ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioners :
Mr. Alok Kumar Alok, Advocate For the State :
Mr. Umeshanand Pandit, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH ORAL ORDER 03-01-2025 Heard learned counsel for the petitioners and learned A.P.P. for the State.
2. The petitioners apprehend their arrest in a case registered for the offence under Sections 147, 148, 307, 149, 302, 354, 341, 323 and 324 of the Indian Penal Code.
3. As per the prosecution case, on 01.06.2024, all the F.I.R. named accused persons, including these petitioners, came to the house of the informant and started beating her. It is further alleged that co-accused Dharmendra Ram and Virendra caught hold of informant's husband, namely Sanjay Kumar, and coaccused Devendera Ram hit him on his head with spade and also assaulted mother-in-law of informant. It is further alleged
Patna High Court CR. MISC. No.78937 of 2024(3) dt.03-01-2025 2/3 that during course of treatment, husband of informant died.
4. Learned counsel for the petitioners submits that petitioners are innocent and have falsely been implicated in this case merely because they happen to be wives of co-accused Birendra Ram and Devendra Ram. There is no accusation of overt act against these petitioners. Specific accusation of assault is against co-accused Devendra Ram. Petitioners are ladies and have got no criminal antecedents.
5. Learned A.P.P. for the State has vehemently opposed the prayer for grant of anticipatory bail to the petitioners.
6. Considering the aforesaid facts and circumstances of the case, nature of accusation and clean antecedents of the petitioners, the prayer for grant of anticipatory bail to the petitioners is allowed.
7. Accordingly, in the event of arrest/surrender within a period of eight weeks from today, let the above named petitioners be enlarged on bail on furnishing bail-bond of Rs. 10,000/- (ten thousand) each with two sureties of the like amount each to the satisfaction of learned Judicial Magistrate 1st Class (East), Muzaffarpur, in connection with Gaighat P.S. Case No. 141 of 2024, subject to condition as laid down under
Patna High Court CR. MISC. No.78937 of 2024(3) dt.03-01-2025 3/3 Section 438(2) of the Code of Criminal Procedure. (Prabhat Kumar Singh, J) shashank/- U T