Nirmala Devi v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.4089 of 2025 Arising Out of PS. Case No.-476 Year-2024 Thana- OBRA District- Aurangabad ====================================================== 1.
Nirmala Devi W/O Late Pappu Singh R/O Vill.- Ghordaur,P.S- Obra, Dist.- Aurangabad (Bihar) 2.
Usha Devi W/O Ramta Singh R/O Vill.- Ghordaur,P.S- Obra, Dist.- Aurangabad (Bihar) ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr. Pramendra Kumar Singh, Adv.
For the Opposite Party/s :
Mr. Tarun Prasad Mandal, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE KHATIM REZA ORAL ORDER 12-02-2025 Heard learned counsel for the petitioners and learned A.P.P for the State.
2. The petitioners seek bail in connection with Obra P.S. Case No. 476 of 2024 dated 15.11.2024 registered for the offence punishable under Sections 191(2), 190, 329(4), 109 (1), 103 (1) of the Bhartiya Nyaya Sanhita, 2023.
3. The prosecution case, in short, is that on the date of occurrence the FIR named accused persons entered into informant's house having lathi, danda, rod and garasa in their hands and attacked her father-in-law and brother-in-law. She has further alleged that her brother-in-law was beaten to death by the accused persons.
Patna High Court CR. MISC. No.4089 of 2025(2) dt.12-02-2025 2/3
4. Learned Counsel for the petitioners submits that the petitioners are innocent and have been falsely implicated in this case. It is submitted that the petitioners are not named in the F.I.R., only during the investigation they have been made accused in this case. It is submitted that both the petitioners are advanced age lady. It is also submitted that petitioner no. 1, namely, Nirmala Devi is a handicapped lady suffering from congenital deformity and as such she cannot move her hand which shows the allegations to be totally false. It is also submitted that petitioner no. 2, namely, Usha Devi is aged about 65 years old. It is submitted that there is general and omnibus allegation against the named accused persons that they assaulted the informant as well as his son.
It is submitted that both the parties are agnates and there is a land dispute between the parties. On the same date and time of the occurrence, the informant's side also killed Pappu Singh, son of Usha Devi (petitioner no. 2). A counter case bearing Obra P.S. Case No. 477 of 2024 has been lodged by Ramta Singh, who is husband of petitioner no. 2. The petitioners are in custody since 09.11.2024, having no criminal antecedent and charge-sheet has been submitted in the case.
5. Learned A.P.P for the State opposes the prayer for bail
Patna High Court CR. MISC. No.4089 of 2025(2) dt.12-02-2025 3/3 of the petitioners.
6. Having considered the facts and circumstances of the case and submissions of learned counsel for the parties, let the petitioners be released on bail upon furnishing bail bonds of Rs. 10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of the learned S.D.J.M., Daudnagar, Aurangabad in connection with Obra P.S. Case No. 476 of 2024. (Khatim Reza, J) prabhat/- U T