Babita Devi v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.79371 of 2024 Arising Out of PS. Case No.-77 Year-2024 Thana- LAKHNAUR District- Madhubani ====================================================== Babita Devi W/O Dhyanee Mukhiya Resident of Village- Tamuriya, P.SLakhnaur, Distt.- Madhubani. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Ramchandra Jha Raman, Advocate For the Opposite Party/s :

Mr.Umesh Lal Verma, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE PARTHA SARTHY ORAL ORDER 26-11-2024

1. Heard learned counsel for the parties.

2. The petitioner has preferred this application for grant of anticipatory bail apprehending her arrest in connection with Lakhnaur P.S. Case no. 77 of 2024 registered under sections 307, 341, 323, 354B, 379, 504, 506 and 34 of the Indian Penal Code.

3. As per the prosecution case, the informant states that the husband of the petitioner along with one another entered her house and outraged her modesty. They took away a gold chain worth Rs. 4500/. It is further stated that on others coming to her rescue, the three named accused persons including the petitioner herein and nine others came, abused and assaulted them.

4. Learned counsel for the petitioner submits that the petitioner who happens to be a lady has been falsely implicated in the case. The parties are neighbours and there is case and

Patna High Court CR. MISC. No.79371 of 2024(2) dt.26-11-2024 2/2 counter case between the parties which would be evident from Annexure-2 which is the F.I.R lodged by the petitioner's side. The allegations on the petitioner is general and omnibus in nature and the petitioner has no criminal antecedent.

5. Heard learned A.P.P. for the State.

6. Having heard learned counsel for the parties and taking into consideration the allegations in the F.I.R mainly being against Dhyani Mukhiya and Pariyat Mukhiya, there being case and counter case between the parties, the allegation against the petitioner who happens to be a lady being general and omnibus and the especially the petitioner not having any criminal antecedent, it is directed that the petitioner above named, in the event of her arrest or surrender before the learned Court below within a period of four weeks, be released on anticipatory bail in connection with Lakhnaur P.S. Case no. 77 of 2024 on furnishing bail bond of Rs.10,000/- (Rupees Ten Thousand) with two sureties of the like amount each to the satisfaction of the learned Judicial Magistrate-1st Class, Jhanjharpur, District- Madhubani.

(Partha Sarthy, J) Harsh/- U T