Reshmi Devi v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.20545 of 2025 Arising Out of PS. Case No.-326 Year-2024 Thana- CHANDAUTI District- Gaya ====================================================== Reshmi Devi W/O Tunnu Prajapati @ Tuntun Prajapat R/O Vill.- Bhore Malsa, P.S.- Muffasil, Dist.- Gaya.

... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Rabindra Kumar Priyadarshi, Adv.

For the Opposite Party/s :

Mr.Ram Sumiran Rai, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE ARUN KUMAR JHA ORAL ORDER 23-04-2025 Heard learned counsel for the petitioner and learned APP for the State.

2. In this present case, the petitioner seeks bail in connection with Chandauti P.S. Case No. 326 of 2024 registered on 28.08.2024 for the offences under Sections 103, 109 and 3(5) of the B.N.S. and Section 27 of the Arms Act.

3. As per prosecution case, while the informant had been going to attend some prayer with his wife on a motorcycle, the co-accused persons fired upon the informant and one shot hit the wife of the informant and the informant also received a gun shot injury. Subsequently, the wife of the informant died. The name of the petitioner transpired during investigation for being a conspirator.

4. Learned counsel appearing on behalf of the

Patna High Court CR. MISC. No.20545 of 2025(2) dt.23-04-2025 2/3 petitioner submits that the petitioner is innocent and has been falsely implicated in this case. From the FIR, it is clear that the petitioner was not present near the place of occurrence and there is no allegation against the petitioner for firing any shot or causing any injury. Learned counsel further submits that the petitioner is the wife of Tuntun Prajapati and the prayer was going to be held in their house and for this reason, the petitioner and her husband were made accused in this case. Petitioner is in custody since 01.09.2024 and charge-sheet has been submitted. Petitioner is having clean antecedent.

5. Learned A.P.P. opposes the submission made on behalf of the petitioner.

6. Having regard to the facts and circumstances and submissions made on behalf of the parties and considering the doubtful nature of allegation against the petitioner and also considering the clean antecedent of the petitioner along with her period of custody and submission of charge-sheet, the petitioner above named is directed to be released on bail on furnishing bail bonds of Rs. 10,000/- (Rupees Ten Thousand Only) with two sureties of the like amount each to the satisfaction of learned Chief Judicial Magistrate, Gaya/concerned court in connection with Chandauti P.S. Case No. 326 of 2024, subject to the

Patna High Court CR. MISC. No.20545 of 2025(2) dt.23-04-2025 3/3 conditions mentioned in Section 480(3) of the B.N.S.S. and other following conditions:

(i) One of the bailors will be a close relative of the petitioner.

(ii) The petitioner will remain present on each and every date fixed by the court below.

(iii) In case of absence on three consecutive dates or in violation of the terms of the bail, the bail bond of the petitioner will be liable to be cancelled by the court concerned.

(Arun Kumar Jha, J) balmukund/- U T