Radhika Devi v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.84524 of 2024 Arising Out of PS. Case No.-131 Year-2024 Thana- GRIYAK District- Nalanda ====================================================== Radhika Devi W/O Ashok Yadav R/O Vill- Maira Bigha, Katrisaray, P.SNalanda, Distt- Nalanda. ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr. Jitendra Kumar, Advocate For the Opposite Party/s :
Mr. Shailendra Kumar Singh, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE ANIL KUMAR SINHA ORAL ORDER 19-12-2024 Heard learned Counsel for the petitioner and learned Additional Public Prosecutor for the State.
2. This application, for grant of anticipatory bail, arises out of Giriyak (Katrisaray) Police Station Case No. 131 of 2024, disclosing offences under Sections 147/148/149/341/323/324 / 325 /448/307/504/506 of the Indian Penal Code and Section 27 of the Arms Act.
3. As per prosecution case, on 15.04.2024, in the night, some scuffle took place between the informant and the accused persons due to lifting the soil from the field of the informant and on 16.04.2024, in the morning, at about 3:00 A.M., all the accused persons including the petitioner armed with lathi, danda, rod etc. started banging the door of the informant and abusing and when the informant's brother objected, they
Patna High Court CR. MISC. No.84524 of 2024(2) dt.19-12-2024 2/3 assaulted his brother namely, Manoj Yadav and the accused persons also assaulted the grandmother and sister-in-law (bhabhi) of the informant by means of lathi, danda etc.
4. Learned counsel for the petitioner submits that the petitioner is the wife of the co-accused, Ashok Yadav and she has falsely been implicated along with all family members due to land dispute between the parties. He further submits that there is general and omnibus allegation against the petitioner and the specific allegation of assault is against the co-accused, Mukesh Yadav. No specific overt act has been alleged against the petitioner and the petitioner is a lady having no criminal antecedent.
5. Having regard to the submissions made on behalf of the parties and taking into consideration the fact that the petitioner is a lady having no specific allegation, I am inclined to grant the petitioner privilege of anticipatory bail.
6. This application is, accordingly, allowed.
7. Let the petitioner, above named, in the event of his arrest or surrender before the Court below within four weeks, be released on bail on furnishing bail bond of Rs. 10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of learned Chief Judicial Magistrate, Nalanda (Bihar
Patna High Court CR. MISC. No.84524 of 2024(2) dt.19-12-2024 3/3 Sharif), in connection with Giriyak (Katrisaray) Police Station Case No. 131 of 2024, subject to the condition laid down under Section 438 (2) of the Code of Criminal Procedure. (Anil Kumar Sinha, J) Guddu/- U T