1
IN THE SUPREME COURT OF INDIA
CRIMINAL APPELLATE JURISDICTION
CRIMINAL APPEAL NO. OF 2024
[arising out of SLP (Crl.) No. 14066/2023]
ANITA DEVI & ANR. ….. APPELLANT(S)
VERSUS
STATE OF BIHAR ….. RESPONDENT(S)
O R D E R
1. Leave granted.

2. The appellants, namely, Anita Devi and Panna Devi, are sexagenarian ladies. They stand accused in First Information Report No.268 of 2021 dated 25.10.2021 registered with Police Station Pipra, East Champaran, Bihar for the offence(s) punishable under Sections 341, 323, 324, 325, 307, 379, 354B, 504, 506 and 34 of the Indian Penal Code, 1860. The appellants had applied for an order under Section 438 of the Code of Criminal Procedure, 1973 before the High Court, which has been turned down by the impugned judgment and order dated
11.08.2023.

3. Having heard learned counsel for the parties and perusing the materials on record, we are of the view that detention of the appellants – Anita Devi and Panna Devi during trial is not warranted and that they may be admitted to an order under Section 438 of the Cr. P.C.

4. Accordingly, we direct that in the event of the appellants – Anita Devi and Panna Devi being arrested, they shall be released on bail by the arresting/investigating officer/trial
court, on terms and conditions to be imposed by the trial court. The appellants shall, in addition, comply with the conditions mentioned in Section 438(2) of the Cr. P. C.

5. Recording the aforesaid, the impugned order is set aside and the appeal is allowed in the above terms.

6. We clarify that observations made in this order granting anticipatory bail are for the purpose of disposal of the present appeal, and should not be construed as findings and
observations on the merits of the case.
7. Pending application(s), if any, shall stand disposed of.
………………….J.
(DIPANKAR DATTA)
………………….J.
(K.V. VISWANATHAN)
NEW DELHI;
MARCH 01, 2024.

ITEM NO.52 COURT NO.2 SECTION II-A
S U P R E M E C O U R T O F I N D I A
RECORD OF PROCEEDINGS
Petition(s) for Special Leave to Appeal (Crl.) No(s). 14066/2023
(Arising out of impugned final judgment and order dated 11-08-2023 in CRLM No. 50117/2023 passed by the High Court of Judicature at Patna)
ANITA DEVI & ANR. Petitioner(s)
VERSUS
STATE OF BIHAR Respondent(s)
(IA No. 224198/2023 – EXEMPTION FROM FILING C/C OF THE IMPUGNED JUDGMENT, IA No. 224196/2023 – EXEMPTION FROM FILING O.T.)

WITH
SLP(Crl) No. 15741/2023 (II-A)
(IA No. 245831/2023 – EXEMPTION FROM FILING C/C OF THE IMPUGNED JUDGMENT, IA No. 245830/2023 – EXEMPTION FROM FILING O.T. IA No. 245828/2023 – PERMISSION TO FILE ADDITIONAL DOCUMENTS/FACTS/ANNEXURES)

Date : 01-03-2024 These matters were called on for hearing today.
CORAM : HON’BLE MR. JUSTICE DIPANKAR DATTA
HON’BLE MR. JUSTICE K.V. VISWANATHAN
For Petitioner(s) Mr. Ujjwal Bhardwaj, Adv.
Ms. Shaik Ameena Rehmani, Adv.
Ms. Mrinalini Naik, Adv.
Mr. Pawan Kumar, Adv.
Mr. Abhinav Anand, Adv.
Mr. Vishal Arun Mishra, AOR

For Respondent(s) Mr. Azmat Hayat Amanullah, AOR
Mr. Sagar Chauhan, Adv.
Mr. Hardik Choudhary, Adv.
UPON hearing the counsel, the Court made the following
O R D E R
SLP(Crl.) No.14066/2023
Leave granted.
The appeal is allowed in terms of the signed order.

Pending application(s), if any, shall stand disposed of.

Learned counsel appearing on behalf of the respondent State of Bihar prays for and is granted, two weeks time to obtain instructions.
Re-list after three weeks.

(BABITA PANDEY) (R.S. NARAYANAN)
COURT MASTER (SH) ASSISTANT REGISTRAR
(Signed order is placed on the file)