Nain Devi @ Naina Devi v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.26968 of 2022 Arising Out of PS. Case No.-65 Year-2022 Thana- GANDHIMAIDAN District- Patna ====================================================== Nain Devi @ Naina Devi, Wife Of Pramod Singh Resident Of Golghar Chouraha, Masjid Gali, P.S- Gandhi Maidan, Dist- Patna. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

None For the Opposite Party/s :

Mr.Ram Naresh Ray, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE RAJIV ROY ORAL ORDER 26-08-2022 None appears for the petitioner through virtual mode in view of COVID-19.

Let the defect(s) be removed within four weeks of the complete start of the physical Court in normal course. The petitioner is in judicial custody in connection with Gandhi Maidan P.S. Case No.65 of 2022 instituted under Sections 323, 307, 448, 504, 506/34 of the IPC. As per the allegation in the FIR, the informant Veena Devi has alleged that her neighbour Pramod Singh and family members came to her home and started not only abusing but beating her. The Further allegation is that the petitioner herein who had a plate in her hand hit the informant on her head causing injury.

Further, as per the averment made in the bail application, with the support of injury report, it has been averred

Patna High Court CR. MISC. No.26968 of 2022(2) dt.26-08-2022 2/3 that the same has been found to be simple in nature and it is land dispute between the parties in which this criminal cover has been given by the informant.

Considering the fact that the injuries have been found to be simple in nature, the petitioner is a lady and is in jail since 07.02.2022 (as stated in para-9 of the bail application), as also the fact that charge sheet stands submitted, this Court is inclined to grant her privilege of bail.

Let the petitioner be released on bail on furnishing bail bond of Rs.10,000/-(Rupees Ten Thousand) with two sureties of the like amount each in connection with Gandhi Maidan P.S. Case No.65 of 2022 to the satisfaction of learned Additional Chief Judicial Magistrate, XIVth, Patna, subject to following conditions:

(i) one of the bailor should be the family member of the petitioner, who shall provide official document to show his/her bona fide;

(ii) the petitioner shall appear on each and every date before the Trial court and failure to do so for two consecutive dates without plausible reasons will entail cancellation of his/her bail by the Trial court itself;

(iii) the petitioner shall appear before the concerned

Patna High Court CR. MISC. No.26968 of 2022(2) dt.26-08-2022 3/3 police station every fortnight for next six months to mark his/her presence;

(iv) the petitioner shall desist from committing any criminal offence again failing which the State shall be at liberty to steps for cancellation of his/her bail bonds. With the aforesaid observations, the bail application is allowed.

(Rajiv Roy, J) Prakash Narayan /- U T