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2025 DAILYLAW 79189 (PAT)

Rubi Devi v. The State of Bihar

CR. MISC./76501/2024 · 2025-04-18

Smt Soni Shrivastava

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Judgment text

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IN THE HIGH COURT OF JUDICATURE AT PATNA CRIMINAL MISCELLANEOUS No.76501 of 2024 Arising Out of PS. Case No.-310 Year-2022 Thana- LAXMIPUR District- Jamui ====================================================== 1. Rubi Devi Wife of Pankaj Rawat @ Pankaj Kumar Resident of Village - Gidhaur, P.S. - Gidhaur, District - Jamui 2. Pinki Devi @ Shilpi Devi Wife of Prabhakar Kumar @ Prabhakar Rawat Resident of Village - Gidhaur, P.S. - Gidhaur, District - Jamui ... ... Petitioner/s Versus The State of Bihar ... ... Opposite Party/s ====================================================== Appearance : For the Petitioner/s : Mr.Pankaj Kumar Sinha, Advocate For the Opposite Party/s : Mr.Chandra Bhushan Prasad, APP ====================================================== CORAM: HONOURABLE JUSTICE SMT. SONI SHRIVASTAVA ORAL ORDER 3 18-04-2025 Heard learned counsel for the petitioners and learned APP for the State. 2. The petitioners apprehend their arrest in connection with Laxmipur (Gidhaur) P.S. Case No.310 of 2022 registered for the offences punishable under Sections 302, 306 and 34 of the Indian Penal Code. 3. The First Information Report discloses the story that on 19.09.2022 in the night around 9.00 PM, the brother-in- law of the informant was dragged into the courtyard by the named accused persons including these two petitioners. There is a further allegation that someone was trying to press the neck while others were also assaulting the deceased due to which he Patna High Court CR. MISC. No.76501 of 2024(3) dt.18-04-2025 2/3 became unconscious and later on died. 4. Learned counsel for the petitioners submits that there is a delay of about 24 hours in lodging of the FIR and the petitioners are female members of the family who have been falsely implicated. There is a general and omnibus allegations in the FIR of dragging and assaulting with fists and legs while someone tried to press the neck of the deceased due to which he died. 5. It has further been submitted that nothing substantial has come against the petitioners during the course of investigation and the male members of the family, being co- accused in the case, have already been granted the privilege of regular bail vide order dated 02.08.2023 passed in Cr.Misc.No.17026 of 2023 and also vide order dated 27.02.2024 in Cr.Misc.No.76178 of 2023. 6. Learned APP for the State has opposed the prayer for anticipatory bail of the petitioners. 7. Considering the abovementioned facts and circumstances of the case and further that the petitioners, who are the female members of the family, have no criminal antecedent, let the above named petitioners, be released on bail, in the event of their arrest or surrender before the learned Court Patna High Court CR. MISC. No.76501 of 2024(3) dt.18-04-2025 3/3 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 the learned Additional Chief Judicial Magistrate-II, Jamui in connection with Laxmipur (Gidhaur) P.S. Case No.310 of 2022, subject to the condition as laid down under Section 438 (2) of the Cr.P.C. and subject to the further condition that the petitioners shall cooperate in the investigation/trial. arvind/- (Soni Shrivastava, J) U T