Mina Devi v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.19304 of 2025 Arising Out of PS. Case No.-16 Year-2025 Thana- Geedha District- Bhojpur ====================================================== Mina Devi W/O Parsuram Chaudhary R/O Village- Kritpura (Birampur), P.SGidha, Distt.- Bhojpur (Ara). ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr. N. K. Agrawal, Sr. Advocate Mr.Rohit Kumar Sharma, Advocate For the Opposite Party/s :
Mr.Ashok Kumar Singh, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE DR. ANSHUMAN ORAL ORDER 16-04-2025 Heard learned Sr. Counsel for the petitioner and learned APP for the State.
2. The petitioner who apprehends arrest in connection with Gidha P.S. Case No. 16 of 2025 lodged 15.01.2025, for the offences punishable under sections 127(2), 115(2), 117(2), 109 and 3(5) of the Bharatiya Nyaya Sanhita, 2023.
3. As per the prosecution, the F.I.R. has been lodged against four named accused persons, including the petitioner. The specific allegation against the petitioner is that she assaulted the informant on the head and back with an iron rod, causing injury.
4. Learned Senior Counsel for the petitioner submits that the petitioner is innocent and has committed no offence. He
Patna High Court CR. MISC. No.19304 of 2025(2) dt.16-04-2025 2/3 further submits that the petitioner is a 71-year-old lady, and for the same date and place of occurrence, two F.I.R.s have been lodged. Gidha P.S. Case No. 15 of 2025 from the petitioner's side, lodged by her son, and the present case, Gidha P.S. Case No. 16 of 2025, from the informant's side. Learned Senior Counsel further submits that, from the contents of the F.I.R., it becomes evident that a land dispute exists between the parties, and in that background, a scuffle broke out between both sides, resulting in injuries on both ends. It is also submitted that the petitioner is an elderly woman suffering from multiple health issues.
5. Learned A.P.P. for the State opposes the prayer for bail and submits that there is a specific allegation against the petitioner of assaulting the informant on the head and back with an iron rod, resulting in bleeding injuries. He further submits that, considering the gravity and specificity of the allegation, the petitioner's bail application was rejected by the learned Sessions Court. However, he fairly concedes that there is a case and counter-case between the parties.
6. Considering the fact that the petitioner is an elderly woman aged about 71 years, let the above named petitioner be released on bail, in the event of arrest or surrender before the
Patna High Court CR. MISC. No.19304 of 2025(2) dt.16-04-2025 3/3 Trial Court within a period of four weeks from today, on furnishing bail bond of ₹30000/- (thirty thousand) as mentioned in Section 2(1) (d) of the Bharatiya Nagrik Suraksha Sanhita, 2023 to the satisfaction of the learned CJM, Bhojpur, Ara, in connection with Gidha P.S. Case No. 16 of 2025, subject to the conditions as laid down under Section 482(2) of the Bharatiya Nagrik Suraksha Sanhita, 2023.
(Dr. Anshuman, J) Ashwini/- U T