Simpi Devi @ Sempi Devi v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.5914 of 2025 Arising Out of PS. Case No.-379 Year-2024 Thana- LAHERIMUHALLA District- Nalanda ====================================================== Simpi Devi @ Sempi Devi Wife of Santosh Kumar R/O-Village- Makanpur, Police Station- Noorsarai, District- Nalanda ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr. Ajay Mukherjee, Adv.
For the Opposite Party/s :
Mr. Narendra Kumar Singh, Adv.
====================================================== CORAM: HONOURABLE MR. JUSTICE CHANDRA SHEKHAR JHA ORAL ORDER 15-02-2025 Heard the parties.
2. The petitioner is named in the F.I.R. and apprehending his arrest in connection with Laheri P.S. Case No. 379 of 2024 registered for the offences punishable under Sections 126(2) (341 IPC), 115(2)(323 IPC), 303(2)(379 IPC), 109(2)(307 IPC), 3(5)(34 IPC) of BNS.
3. The allegation against petitioner is to assault injured and other persons during the occurrence along with co-accused persons/family members causing head and bodily injuries, where alleged assault was made with intention to cause death. It is alleged that petitioner assault nephew of informant by brick plate on his head
Patna High Court CR. MISC. No.5914 of 2025(2) dt.15-02-2025 2/3 causing head injury and bleeding.
4. It is submitted by learned counsel appearing on behalf of the petitioner that the alleged assault to nephew of informant was caused in two stages, where in first stage the physical assault to nephew of informant was caused by four accused persons, where no allegation of assault is available against this petitioner subsequently this petitioner alleged to assault specifically on the head of nephew of informant with brick plate. It is submitted that occurrence arising out of neighborhood dispute and differences. Learned counsel further submitted that the injuries upon medical examination of injured found simple, negating prima-facie intention to cause death and injury was also of not such nature which may likely to cause death of the nephew of the informant. While concluding arguments, it is submitted that above named petitioner is a lady of clean antecedent.
5. Learned APP, opposes the prayer of bail.
6. In view of aforesaid facts and submission
Patna High Court CR. MISC. No.5914 of 2025(2) dt.15-02-2025 3/3 and by taking note of fact as alleged injury caused by petitioner to the nephew of informant appears simple in nature negating prima-facie intention to cause death where petitioner is a lady of clean antecedent, accordingly petitioner above-named, in the event of his arrest or surrender before the court below within a period of four weeks, is directed to be released on bail, furnishing bail bond of Rs. 10,000/- (Rupees Ten Thousand) with two sureties of the like amount each to the satisfaction of the learned C.J.M., Nalanda at Biharsharif/concerned Court, where the case is pending in connection with Laheri P.S. Case No. 379 of 2024, subject to the conditions as laid down under Section 438(2) of the Cr.P.C/ Section 482(2) of BNSS.
(Chandra Shekhar Jha, J) Sudha/- U T