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Patna High CourtCR. MISC./24399/2025bail granted

Pooja Devi v. The State Of Bihar

2025-07-08Justice Smt. Soni Shrivastava3 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.24399 of 2025 Arising Out of PS. Case No.-424 Year-2024 Thana- ARA NAGAR District- Bhojpur ====================================================== Pooja Devi Wife of Bhola Dom Resident of Pani Tanki Near Nagar Nigam, P.S. - Ara Town, District - Bhojpur ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Ravindra Kumar, Adv For the Opposite Party/s :

Mr.Raj Ballabh Singh, APP ====================================================== CORAM: HONOURABLE JUSTICE SMT. SONI SHRIVASTAVA ORAL ORDER 08-07-2025 Heard learned counsel for the petitioner and learned APP for the State.

2. Petitioner apprehends his arrest in a case registered for the offences punishable under Sections 126(2), 115(2), 118(1), 352/3(5) of the BNSS and sections 103(1), 302 of the Indian Penal Code.

3. The prosecution case as unfolded in the FIR reveals a peculiar story that the informant/deceased is daughter of one of the accused Meena Devi and the petitioner is the real sister of the informant/ deceased. There is an allegation of all the accused persons including the present petitioner that they entered the house of the informant/ deceased and started assaulting her another sister Tony Kumari and when the informant/ deceased intervened one of the co-accused Meena

Patna High Court CR. MISC. No.24399 of 2025(3) dt.08-07-2025 2/3 Devi, who is the mother of the deceased, gave a knife blow in her stomach due to which she got seriously injured and was taken to the hospital for treatment. Subsequently, the informant died and hence section 103(1) of BNS was also added.

4. Learned counsel for the petitioner submits that it would be apparent from the FIR itself, that there is a specific allegation against the co-accused Meena Devi, who is mother of the informant/ deceased of having given the knife blow and so far as, the present petitioner is concerned, it has been submitted that she has been made an accused in this case only on account of the fact that she is the daughter of Meena Devi and it seems that there is some dispute within the family. He further submits that for an occurrence, which took place on 12.07.2024 at 2 p.m, the matter was reported on 13.07.2024 at 11.30 a.m and the FIR which bears RTI of the informant reached the court after about three days on 16.07.2024, which casts suspicion on the involvement of the present petitioner and the submission has also made in this regard that her name has been included after due thought and deliberation.

5.The learned APP for the State opposes the prayer for bail.

6. Considering that the petitioner is a married lady and

Patna High Court CR. MISC. No.24399 of 2025(3) dt.08-07-2025 3/3 there is no specific allegation of assault on the petitioner, not even of being armed, let the petitioner, in the event of her arrest/ surrender within a period of four weeks from today, 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 court below where the case is pending/ successor court in Ara Nagar P.S. Case No. 424 of 2024, subject to condition as laid down under Section 438(2) of the Cr.P.C.

N.K/- (Soni Shrivastava, J) U T