Vimla Devi v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.10362 of 2025 Arising Out of PS. Case No.-461 Year-2023 Thana- ROH District- Nawada ====================================================== Vimla Devi Son of Sunil Rajvanshi @ Sunil Ram Resident of Village - Tazpur, P.S. - Roh, District- Nawada ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr. Krishna Deo Raj, Advocate For the Opposite Party/s :
Mr. Satyendra Prasad, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE RAJESH KUMAR VERMA ORAL ORDER 02-05-2025 Heard Mr. Krishna Deo Raj, learned counsel for the petitioner and Mr. Satyendra Prasad, learned Additional Public Prosecutor for the State.
2. Petitioner seeks bail who is in custody since 26.05.2024 in connection with Roh P.S. Case No. 461 of 2023 , F.I.R. dated 24.12.2023 for the offences punishable under Sections 302 and 34 of the I.P.C.
3. According to prosecution case, due to land dispute, the accused persons including the petitioner assaulted the informant and his family members.
4. Learned counsel for the petitioner submits that petitioner has clean antecedent and she has falsely been implicated in the present case. He further submits that it appears from the FIR that due to admitted land dispute the present
Patna High Court CR. MISC. No.10362 of 2025(4) dt.02-05-2025 2/3 occurrence has been taken place. Although, there is specific allegation against this petitioner in the FIR but the allegation in the FIR does not support by the medical evidence and the police after investigation submitted the charge sheet against the petitioner. He further submits that similarly situated, co-accused, namely, Sujeet Kumar, Madan Rajvanshi and Sunil Rajvanshi have been granted bails by this Court vide order dated 24.07.2024 and 20.09.2024 passed in Cr. Misc. 42290 of 2024, Cr. Misc. No. 40179 of 2024 and Cr. Misc. No. 40422 of 2024 respectively. The petitioner is in custody since 36.05.2024.
5. The learned Additional Public Prosecutor has vehemently opposed the prayer for bail of the petitioner.
6. Considering the aforesaid facts, the petitioner has clean antecedent, allegation as alleged in the FIR does not support by the medical evidence and the other co-accused persons have been granted bail by this Court, let the petitioner, above named, 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 Judicial Magistrate-I, Nawada, in connection with Roh P.S. Case No. 461 of 2023, subject to the following conditions:- i. Petitioner shall co-operate in the trial and shall be
Patna High Court CR. MISC. No.10362 of 2025(4) dt.02-05-2025 3/3 properly represented on each and every date fixed by the court and shall remain physically present as directed by the court and on his 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 his 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) Jyoti Kumari/- U T