Manisha Devi v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.10536 of 2025 Arising Out of PS. Case No.-338 Year-2024 Thana- BACHHWARA District- Begusarai ====================================================== Manisha Devi S/O Pawan Pandit R/O Village-Hadipur, Ward No.-09, P.O.- Gehuni, P.S.-Bachhwara, District-Begusarai ... ... Petitioner/s

Versus

The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr. Onkar Nath, Advocate For the Opposite Party/s :

Mr. Bishweshwar Ram, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE RUDRA PRAKASH MISHRA ORAL ORDER 03-03-2025 Heard learned counsel for the petitioner and learned APP for the State.

2.

The petitioner seeks bail in connection with Bachhwara P.S. Case No. 338 of 2024 instituted for the offence under Sections 127(2), 115(2), 352, 351(2), 117(2), 109 & 3(5) of the Bharatiya Nyaya Sanhita, 2023.

3.

Prosecution case in short is that petitioner and her husband attacked the informant's husband with sharp weapons, during a dispute leading to injuries. They are also accused of being quarrelsome and abusive towards the informant's family. 4.

It has been submitted on behalf of the petitioner that the petitioner is in custody since 25-09-2024. Petitioner bears no criminal antecedent, as per disclosure made in

Patna High Court CR. MISC. No.10536 of 2025(2) dt.03-03-2025 2/3 paragraph No. 3 of the bail application.

5.

It has been further submitted by the petitioner's counsel that petitioner has been falsely implicated in the present case. There is general and omnibus allegation against the petitioner. It is alleged that petitioner and her husband assaulted the husband of the informant, but the injury is found to be simple in nature. Informant and petitioner are own gotini and there is land dispute between them. Charge sheet has been submitted in this case. Petitioner is lady.

6.

Learned A.P.P. for the State has vehemently opposed the prayer for grant of bail to the petitioner. 7.

Considering the aforesaid facts and circumstances of the case, period of custody of the petitioner, petitioner being lady and charge sheet being submitted, this Court is inclined to grant bail to the petitioner.

8.

Let the petitioner be released on bail on furnishing bail bonds of Rs. 10,000/- (Ten Thousand) with two sureties of the like amount each to the satisfaction of Court below/concerned Court in connection with Bachhwara P.S. Case No. 338 of 2024, subject to the following conditions:

(I) One of the bailors shall be own/close member of the

Patna High Court CR. MISC. No.10536 of 2025(2) dt.03-03-2025 3/3 family of the petitioner.

(II) The petitioner shall appear on each and every date fixed at the trial. In case of default in such appearance on two consecutive dates, the Trial Court will have liberty to cancel the bail bonds of the petitioner.

(Rudra Prakash Mishra, J) Raj Kishore/- U T