Rima Devi v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.88559 of 2024 Arising Out of PS. Case No.-26 Year-2024 Thana- CHOUTARWA District- West Champaran ====================================================== Rima Devi W/o - Lalbabu Raut Resident of village- Manpur Makari, P.S - Chautarwa (Bathuwariya O.P), Distt.- West Champaran ... ... Petitioner/s
Versus
The State of Bihar Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr.Suresh Prasad Sharma, Adv.
For the Opposite Party/s :
Mr.Umanath Mishra, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE CHANDRA PRAKASH SINGH ORAL ORDER 18-04-2025 Heard learned counsel for the petitioner and learned Additional Public Prosecutor for the State.
2. The petitioner is apprehending his arrest in a case in connection with Chautarwa (Bathuwariya O.P.) P.S. Case No. 26 of 2024 dated 05.02.2024 registered for the offences punishable u/ss 341, 323, 354, 147, 149, 379, 302, 504 and 506 of the Indian Penal Code.
3. As per the prosecution case, the petitioner and 16 other co-accused persons armed with lathi and iron rod came to Bagh Bin Toli and assaulted the husband of the informant on his head due to which he sustained head injury and died during the course of treatment. It is further alleged that all the accused persons also assaulted the informant and took away the gold
Patna High Court CR. MISC. No.88559 of 2024(2) dt.18-04-2025 2/3 chain from the neck of the informant's husband.
4. Learned counsel for the petitioner has submitted that the petitioner has falsely been implicated in this case. There is no specific allegation against the petitioner rather there is general and omnibus allegation against the petitioner. It is further submitted that there is no eye-witness of the occurrence alleging to the fact that the petitioner participated in the occurrence to kill the deceased. Nothing has been recovered from the conscious possession of the petitioner. The co-accused persons have already been granted regular bail by a Coordinate Bench of this court vide order dated 24.09.2024 passed in Cr. Misc. No. 57473/2024. The petitioner is a lady and she has no criminal antecedent as stated in para 3 of the bail petition.
5. Learned A.P.P. for the State has vehemently opposed the anticipatory bail petition of the petitioner.
6. Considering the aforesaid facts and circumstances of the case, let the above named petitioner, in the event of his arrest/surrender within a period of six weeks from today, 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 the learned court concerned, Bagaha, West Champaran in connection with Chautarwa (Bathwaria O.P.) P.S.
Patna High Court CR. MISC. No.88559 of 2024(2) dt.18-04-2025 3/3 Case No. 26 of 2024, subject to conditions as laid down under section 438(2) of the Code of Criminal Procedure.
7. The application stands allowed.
(Chandra Prakash Singh, J) Gautam/- U T