Vimlavati Devi @ Bimlavati Devi @ Bimla Devi @ Vimla Devi v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.9592 of 2025 Arising Out of PS. Case No.-276 Year-2023 Thana- VIJAYEPUR District- Gopalganj ====================================================== Vimlavati Devi @ Bimlavati Devi @ Bimla Devi @ Vimla Devi W/o Chotelal Yadav @ Chhotelal Yadav R/O- Amwaghat PS- Vijayepur, DistrictGopalganj ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Shashank Shekhar, Advocate For the Opposite Party/s :

Mr. Rabindra Kumar, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE RAJESH KUMAR VERMA ORAL ORDER 07-03-2025 Heard Mr. Shashank Shekhar, learned counsel for the petitioner and Mr. Rabindra Kumar, learned Additional Public Prosecutor for the State.

2. The petitioner is apprehending her arrest in connection with Vijayepur P.S. Case No. 276 of 2023, F.I.R. dated 04.09.2023 for the offences punishable under Sections 341, 323, 324, 447, 307, 504, 506 and 34 of the Indian Penal Code.

3. According to prosecution case, petitioner along with other co-accused persons has assaulted to the informant and his family members.

4. Learned counsel for the petitioner submits that petitioner has clean antecedent and she has falsely been

Patna High Court CR. MISC. No.9592 of 2025(2) dt.07-03-2025 2/3 implicated in the present case. He further submits that there is case and counter case between the parties. He further submits that although the petitioner is named in the FIR but it appears from the FIR itself that there is no specific allegation of any assault or overt act against the petitioner rather there is general and omnibus allegation against all the accused persons including the petitioner.

5. Learned Additional Public Prosecutor for the State, on the other hand, has vehemently opposed the prayer for bail of the petitioner.

6. Considering the aforesaid facts that petitioner has clean antecedent, there is no specific allegation of any assault or overt act against the petitioner and petitioner is a lady, let the petitioner, above named, in the event of arrest or surrender before the court below within a period of thirty days from the date of receipt of the order, be released on bail on furnishing bail bond of Rs. 10,000/- (Ten Thousand) with two sureties of the like amount each to the satisfaction of the learned Chief Judicial Magistrate, Gopalganj in connection with Vijayepur P.S. Case No. 276 of 2023, subject to the conditions as laid down under Section 438(2) of the Code of Criminal Procedure/Section 482(2) of B.N.S.S. 2023 and with other

Patna High Court CR. MISC. No.9592 of 2025(2) dt.07-03-2025 3/3 following conditions:- i. Petitioner shall co-operate in the trial and shall be properly represented on each and every date fixed by the court and shall remain physically present as directed by the court and on her absence on two consecutive dates without sufficient reason, his bail bond shall be cancelled by the Court below. ii. If the petitioner tampers with the evidence or the witnesses, in that case, the prosecution will be at liberty to move for cancellation of bail.

iii. And further condition that the court below shall verify the criminal antecedent of the petitioner and in case at any stage it is found that the petitioner has concealed her criminal antecedent, the court below shall take step for cancellation of bail bond of the petitioner. However, the acceptance of bail bonds in terms of the above-mentioned order shall not be delayed for purpose of or in the name of verification.

(Rajesh Kumar Verma, J) ajay/- U T