Kharesari Devi @ Khemasri Devi v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.22798 of 2025 Arising Out of PS. Case No.-290 Year-2024 Thana- SIRDALA District- Nawada ====================================================== Kharesari Devi @ Khemasri Devi Female, aged about 43 years, Wife of Manoj Paswan, Resident of Village - Dhab, Police Station - Sirdalla, District - Nawada.

... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Rajesh Ranjan Kumar, Advocate For the Opposite Party/s :

Ms. Rina Sinha, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE RAMESH CHAND MALVIYA ORAL ORDER 23-04-2025 Heard learned counsel for the petitioner and learned APP for the State.

2. The petitioner seeks bail in connection with Sirdalla P.S. Case No. 290 of 2024 instituted for the offences punishable under Sections 126(2), 115, 118(1), 117, 76, 109, 352, 351(2) of the Bharatiya Nyaya Sanhita (hereinafter referred to as 'BNS').

3. As per the prosecution case, in the background of land dispute, the petitioner and other co-accused persons assaulted the informant with Khanti and Lathi causing injuries to her.

4. Learned counsel for the petitioner submits that the petitioner is innocent and has committed no offence and has

Patna High Court CR. MISC. No.22798 of 2025(2) dt.23-04-2025 2/3 falsely been implicated in this case. He submits that there is land dispute attributed between the parties. He further submits that there is no specific allegation against the petitioner and the allegation against the petitioner is general and omnibus. He next submits that the doctor who examined the informant and the opinion is reserved as the patient is referred to sadar Hospital. Petitioner is in custody since 29.12.2024.

5. Learned APP opposes the prayer for bail.

6. From perusal of the FIR and impugned order of the learned Additional District and Sessions Judge-Vth, Nawada dated 01.03.2025, it appears that petitioner is named in the FIR. It also appears that on the basis of written report of the informant Priti Devi, FIR has been registered under Sections 126(2), 115, 118(1), 117, 76, 109, 352, 351(2) of the Bharatiya Nyaya Sanhita against eight accused persons including the present petitioner. It also appears that the petitioner is the lady and the allegation against the petitioner is that she assaulted by legs, fists and slaps upon the informant. FIR named accused person namely Manoj Paswan has been granted bail by a Bench of this Court in Cr. Misc. No. 85811 of 2024 vide order dated 11.12. 2024, so considering all the aspects of the case, petitioner is a lady and nature of offence as well as similarly situated co-

Patna High Court CR. MISC. No.22798 of 2025(2) dt.23-04-2025 3/3 accused person has been granted bail by a Bench of this Court, accordingly the prayer for bail of the petitioner is allowed. Let the petitioner above named be released on bail on furnishing bail bonds of Rs. 10,000/- (Ten Thousand) with two sureties of the like amount each to the satisfaction of the learned Judicial Magistrate-1st Class, Nawada in connection with Sirdalla P.S. Case No. 290 of 2024.

(Ramesh Chand Malviya, J) Anand Kr.

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