Raj Kumari Devi v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.20377 of 2025 Arising Out of PS. Case No.-31 Year-2025 Thana- BAKHARI District- Begusarai ====================================================== Raj Kumari Devi Wife of Sikandar Sada Resident of Village - Shivnagar, P.S.- Bakhri, District - 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 :

Mrs.Madhuri Lata, A.P.P.

====================================================== CORAM: HONOURABLE MR. JUSTICE ARUN KUMAR JHA ORAL ORDER 23-04-2025 Heard learned counsel for the petitioner and learned A.P.P. for the State.

2. In the present case, the petitioner seeks bail in connection with Bakhri P.S. Case No. 31 of 2025, registered for the offences under Sections 126(2), 115(2),109(1), 103(1), 352, 3(5) of the B.N.S..

3. As per the prosecution case, the informant opposed the activities of the co-accused Sikandar Sada as the co-accused and other persons were consuming intoxicants and the coaccused was also hurling abuses against the informant. When the informant opposed the co-accused Sikandar Sada, this petitioner and their son armed with iron rod and brick started assaulting him. When the mother of the informant intervened, co-accused Sikandar Sada hit on her head with a brick causing

Patna High Court CR. MISC. No.20377 of 2025(2) dt.23-04-2025 2/3 injuries to her. Later on the mother of the informant succumbed to her injuries.

4. Learned counsel appearing on behalf of the petitioner submits that there is no allegation against the petitioner for hitting the mother of the informant and there is no injury report of the informant. There is general and omnibus allegation of assault against the petitioner and other co-accused persons. The petitioner is a lady aged about 37 years and the dispute arose over the right of way. The petitioner and the informant side are next door neighbours. The petitioner is in custody since 31.01.2025 and she has no criminal antecedent. Charge sheet has been submitted.

5. Learned A.P.P. appearing for the State opposes the submission made on behalf of the petitioner. Learned A.P.P. submits that petitioner and other co-accused persons assaulted the informant and his mother causing death of the mother of the informant.

6. Having regard to the fact and circumstances and submission made on behalf of the parties and considering the fact that there is no specific allegation against the petitioner for assaulting the mother of the informant and further considering the fact that she is a lady, her clean antecedent and charge sheet

Patna High Court CR. MISC. No.20377 of 2025(2) dt.23-04-2025 3/3 has been submitted, the petitioner is directed to be released on bail, on furnishing bail bonds of Rs.10,000/- (Rupees Ten Thousand Only) each with two sureties of the like amount each to the satisfaction of learned C.J.M., Begusarai/concerned court, in connection with Bakhri P.S. Case No. 31 of 2025, subject to the condition laid down under Section 437(3) of the code of Criminal Procedure 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, if so required by the learned trial court.

(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) Anuradha/- U T