Rajpati Devi v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.628 of 2025 Arising Out of PS. Case No.-165 Year-2020 Thana- MOTIPUR District- Muzaffarpur ====================================================== 1.

Rajpati Devi W/o- Lal Babu Sahani Resident of village- Mahawal @ Mahual PS-Motipur District-Muzaffarpur 2.

Manju Devi W/o- Ram Babu Sahani Resident of village- Mahawal @ Mahual PS-Motipur District-Muzaffarpur ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Rajeev Ranjan No. II, Advocate Ms. Ppriyanka Kumari, Advocate For the Opposite Party/s :

Mr. Damodar Prasad Tiwary, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE PARTHA SARTHY ORAL ORDER 15-02-2025

1. Heard learned counsel for the parties.

2. The petitioners have preferred this application for grant of anticipatory bail apprehending their arrest in connection with Motipur P.S. Case no. 165 of 2020 registered under sections 302 and 34 of Indian Penal Code.

3. As per the allegations in the F.I.R., 11 named accused persons including the two petitioners herein came variously armed and started to assault the informant's son. It is stated that the same night the police recovered the dead body of the informant's son and took it to the police station. The next day postmortem was conducted and thereafter following the cremation, the case was registered.

4. Learned counsel for the petitioners submits that

Patna High Court CR. MISC. No.628 of 2025(4) dt.15-02-2025 2/2 both the petitioners are ladies and have falsely implicated in the case along with all the other family members which itself shows the falsity of the case lodged by the informant. No specific overt act is alleged against them. The petitioners have no criminal antecedent and undertake to cooperate in the case/trial.

5. The application for anticipatory bail is opposed by learned A.P.P. for the State.

6. Having heard learned counsel for the parties and taking into consideration the general and omnibus allegations against the two petitioners in the F.I.R., the petitioners being ladies having no criminal antecedent and grant of bail to coaccused Rambabu Sahani and Lakshman Sahni vide order dated 2.8.2021 passed in Cr. Misc. no. 12369 of 2021, it is directed that both the petitioners, above named, in the event of their arrest or surrender before the learned Court below within a period of four weeks, be released on anticipatory bail in connection with Motipur P.S. Case no. 165 of 2020 on each of them furnishing bail bond of Rs.10,000/- (Rupees Ten Thousand) with two sureties of the like amount each to the satisfaction of the learned A.C.J.M.-II, West, Muzaffarpur. (Partha Sarthy, J) avinash/- U T