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2025 DAILYLAW 27422 (PAT)

Baby Devi v. The State of Bihar

CR. MISC./17700/2025 · 2025-03-19

Harish Kumar

body2025

Judgment text

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IN THE HIGH COURT OF JUDICATURE AT PATNA CRIMINAL MISCELLANEOUS No.17700 of 2025 Arising Out of PS. Case No.-292 Year-2024 Thana- BARAHAT District- Banka ====================================================== Baby Devi, W/o Raju Yadav, R/O Village- Makhanpur, P.S.- Barahat, Distt.- Banka. ... ... Petitioner/s Versus The State of Bihar ... ... Opposite Party/s ====================================================== Appearance : For the Petitioner/s : Mr. Ashok Kumar Singh, Advocate For the Opposite Party/s : Mr. Arun Kumar Pandey, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE HARISH KUMAR ORAL ORDER 2 19-03-2025 Heard the parties. 2. The petitioner is apprehending her arrest in connection with Barahat P.S. Case No. 292 of 2024 registered for the offences punishable under Sections 126(2), 109(1), 76, 308 (3), 117 (2), 303(2) 352, 351(2), 3(5) of the Bharatiya Nyaya Sanhita. 3. Allegedly, while the husband of the informant was ploughing his land, in the meantime, all the accused persons, including the petitioner, came there and assaulted the husband of the informant by sharp cutting weapon and also snatched the valuables. It is specifically averred that co-accused Anil Yadav has assaulted over the head of the informant’s husband by sharp cutting weapon. Patna High Court CR. MISC. No.17700 of 2025(2) dt.19-03-2025 2/3 4. Referring to the F.I.R., learned Advocate for the petitioner submitted that admittedly there is land dispute between the parties, which resulted into institution of the case and counter case. There is omnibus nature of allegation against all the family members, including the petitioner. There is no overt act alleged against the petitioner. The petitioner is a lady, having fair antecedent, undertakes that she will fully cooperate in the investigation or in the proceeding of the court. 5. On the other hand, learned APP for the State opposes the bail application. 6. Regard being had to the submissions made on behalf of the parties and considering the omnibus nature of allegation, coupled with the fact that the petitioner is a lady, having fair antecedent, let the petitioner, named above, in the event of her arrest or surrender before the court below within four weeks from the date of receipt/production of a copy of this order, be released on bail on furnishing bail bonds of Rs.10,000/- (Rupees ten thousand) with two sureties of the like amount each to the satisfaction of learned Chief Judicial Magistrate, Banka in connection with Barahat P.S. Case No. 292 of 2024, subject to the condition as laid down under Section 438 (2) of the Cr.P.C. with the further condition that one of the Patna High Court CR. MISC. No.17700 of 2025(2) dt.19-03-2025 3/3 bailors shall be the own/close relative of the petitioner. uday/- (Harish Kumar, J) U T