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2025 DAILYLAW 67666 (PAT)

Mantura Devi v. The State of Bihar

CR. MISC./54854/2025 · 2025-09-12

Chandra Prakash Singh

body2025

Judgment text

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IN THE HIGH COURT OF JUDICATURE AT PATNA CRIMINAL MISCELLANEOUS No.54854 of 2025 Arising Out of PS. Case No.-504 Year-2023 Thana- PAHARPUR District- East Champaran ====================================================== 1. Mantura Devi W/O Bandhu Sah R/O Vill.- Mishrain Tola, P.S.- Paharpur, Dist.- East Champaran. 2. Rubi Kumari D/O Bandhu Sah R/O Vill.- Mishrain Tola, P.S.- Paharpur, Dist.- East Champaran. ... ... Petitioner/s Versus The State of Bihar BIHAR ... ... Opposite Party/s ====================================================== Appearance : For the Petitioner/s : Mr.Sunil Kumar No.Iii For the Opposite Party/s : Mr.Rajendra Prasad Nat ====================================================== CORAM: HONOURABLE MR. JUSTICE CHANDRA PRAKASH SINGH ORAL ORDER 2 12-09-2025 Heard learned counsel for the petitioners and learned Additional Public Prosecutor for the State. 2. The petitioners are apprehending their arrest in a case in connection with Paharpur P.S. Case No. 504/2023 dated 08.12.2023 registered for the offence punishable u/s 447, 341, 323, 304 read with Section 34 of the Indian Penal Code. 3. As per the prosecution case, on 05.12.2023 at about 7 o'clock in the evening, Pradeep Kumar was going to his house on his bike. In the meantime, he ran over the informant's baby goat (kid) with his bike, due to which the informant and his family members scolded him. Thereafter, the petitioner and the co-accused persons came to the door of the informant holding Patna High Court CR. MISC. No.54854 of 2025(2) dt.12-09-2025 2/3 lathi, bhala and farsa and started assaulting the informant, his mother and father mercilessly. When the informant's father tried to go towards the P.C.C. Road, Pradeep Kumar, Nitish Kumar, Chandeshwar Kumar caught him and slammed him on the PCC road due to which he became unconscious. Further, they also assaulted him with lathi, legs and fist until he died. 4. Learned counsel for the petitioner has submitted that the petitioner is innocent and has falsely been implicated in this case. As per the Post Mortem Report, there is no external injury detected on the dead body of the deceased and opinion with regard to cause of death is kept reserved. As per para. 7 and 8 of the case diary, the witnesses, Baghmati Devi and Mayna Devi has stated that the specific allegation of slamming the informant's father on the ground is against the co-accused, Pradip Kumar. The petitioners are ladies. The petitioners have no criminal antecedent as stated at para 3 of the bail petition. 5. Learned A.P.P. for the State has vehemently opposed the bail petition of the petitioners. 6. Considering the aforesaid facts and circumstances of the case, let the above named petitioners, in the event of their arrest/surrender within a period of six weeks from today, be enlarged on bail on furnishing bail-bond of Rs. 20,000/- (Rupees Patna High Court CR. MISC. No.54854 of 2025(2) dt.12-09-2025 3/3 Twenty thousand) each with two sureties of the like amount each to the satisfaction of learned court concerned, Motihari, East Champaran in connection withPaharpur P.S. Case No. 504/2023, subject to conditions as laid down under Section 482(2) of the BNSS. 7. This application stands allowed. guddukr/- (Chandra Prakash Singh, J) U T