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2025 DAILYLAW 35133 (PAT)

Dukhani Devi v. The State of Bihar

/27052/2025 · 2025-05-06

Anil Kumar Sinha

body2025

Judgment text

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IN THE HIGH COURT OF JUDICATURE AT PATNA CRIMINAL MISCELLANEOUS No.27052 of 2025 Arising Out of PS. Case No.-81 Year-2024 Thana- LAKHNAUR District- Madhubani ====================================================== 1. Dukhani Devi W/o Jay Prakash Yadav R/o Village-Lilakvad, Ward No. 3, Police Station-Lakhnaur, District-Madhubani 2. Gauri Devi W/o Ravindra Yadav R/o Village-Lilakvad, Ward No. 3, Police Station-Lakhnaur, District-Madhubani 3. Babita Devi @ Babita Kumari W/o Lalu Yadav R/o Village-Lilakvad, Ward No. 3, Police Station-Lakhnaur, District-Madhubani ... ... Petitioner/s Versus The State of Bihar Bihar ... ... Opposite Party/s ====================================================== Appearance : For the Petitioner/s : Mr.Ashok Kumar Prasad For the Opposite Party/s : Mr.Renuka Ratnakar (125) ====================================================== CORAM: HONOURABLE MR. JUSTICE ANIL KUMAR SINHA ORAL ORDER 2 06-05-2025 1. Heard the parties. 2. The petitioners apprehend their arrest in connection with Lakhnaur P.S. Case No. 81 / 2024 dated 22.06.2024 registered under Sections 341, 323, 324, 307, 354(b), 504, 379, 506 / 34 of the I.P.C. 3. As per the F.I.R. on 28.05.2024 in the afternoon while the informant was cooking food in the kitchen suddenly the petitioners along with other accused persons, total nine in number, armed with various weapons, ‘lathi’, iron rod and ‘farsa’ entered into her kitchen, started abusing her and on protest all of them assaulted the informant. It has further been Patna High Court CR. MISC. No.27052 of 2025(2) dt.06-05-2025 2/3 alleged that Jay Prakash Yadav pulled her on the ground, torn her clothes and assaulted her on the head with iron rod and when she tried to save herself, her hand was broken. The co-accused / Devendra Yadav assaulted by ‘farsa’ on her head. 4. Learned counsel for the petitioners submits that the petitioners are women folk and have falsely been implicated along with entire family members due to dispute regarding partition of landed property. The informant’s husband and the co-accused / Jay Prakash Yadav are own brothers. The allegation against the petitioners is general and omnibus in nature. The F.I.R. has been lodged after a delay of 24 days. 5. Regard being had to the submission made by the parties, taking into consideration the fact that allegation against the petitioners is general and omnibus in nature and the petitioners are ladies, accordingly, I am inclined to grant anticipatory bail to the petitioners. 6. Let the petitioners, above named, be released on anticipatory bail in the event of arrest or surrender before the court below within a period of four weeks from today on furnishing bail bond of Rs. 10,000/- (rupees ten thousand) each with two sureties of the like amount each to the satisfaction of learned Additional Chief Judicial Magistrate-1, Jhanjharpur in Patna High Court CR. MISC. No.27052 of 2025(2) dt.06-05-2025 3/3 the district of Madhubani in connection with Lakhnaur P.S. Case No. 81 / 2024 subject to the condition as laid down under Section 482 (2) of the B.N.S.S. praful/- (Anil Kumar Sinha, J) U T