Nibha Devi v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.11067 of 2025 Arising Out of PS. Case No.-200 Year-2024 Thana- PHULWARIA District- Begusarai ====================================================== Nibha Devi W/O Ram Niwas Poddar R/O Village- Shokhara 02 Ward No. 18 Nagar Parishad, Barauni, P.S- Phulwaria, Distt- Begusarai. ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr. Randhir Kumar No 1, Advocate For the Opposite Party/s :
Mr. Murli Dhar, A.P.P.
====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH ORAL ORDER 18-03-2025 Heard learned counsel for the petitioner and the State.
2. Petitioner apprehends arrest in a case registered for the offences punishable under Sections 126(2), 115(2), 303(2), 109, 352, 351(2), 3(5) of the Bharatiya Nyaya Sanhita.
3. According to F.I.R., on 12.11.24 at about 4:30 AM, while informant was sleeping with her son in the house, in the meantime, all the F.I.R. named accused persons entered the house and threatened informant to sell the house. Upon refusal, co-accused Vishwajeet assaulted the son of informant with pistol and subsequently, all the accused persons assaulted informant and her son by means of iron rod, khanti. It is further alleged that this petitioner snatched mangalsutra from the neck of informant and co-accused Komal Kumari looted all the household articles including cylinder, food and other items.
Patna High Court CR. MISC. No.11067 of 2025(2) dt.18-03-2025 2/2
4. Learned counsel for the petitioner submits that petitioner is innocent and has committed no offence. Specific accusation of overt act is against other accused persons. This petitioner is only alleged to have snatched mangalsutra from the neck of informant. Case and counter case. Petitioner is lady and claims clean antecedent.
5. Learned A.P.P. for the State vehemently opposed the bail application.
6. Considering backdrop of the case, nature of accusation and clean antecedent, this anticipatory bail is allowed and it is ordered that let the above named petitioner in the event of her arrest/surrender before the court below within a period of eight weeks from today, be enlarged on bail on furnishing bailbond of Rs. 10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of Judicial Magistrate, 1st Class, Begusarai in connection with Phulwaria P. S. Case No. 200 of 2024, subject to condition as laid down under Section 482(2) of the Bhartiya Nagarik Suraksha Sanhita, 2023.
(Prabhat Kumar Singh, J) Navya/- U T