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Patna High CourtCR. MISC./27531/2025bail granted

Abha Devi @ Asha Devi v. The State Of Bihar

2025-05-07Mr. Justice Dr. Anshuman3 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.27531 of 2025 Arising Out of PS. Case No.-225 Year-2024 Thana- RAHUI District- Nalanda ====================================================== Abha Devi @ Asha Devi Wife of Sukumar Paswan @ Sukar Paswan VillageDihra PS -Rahui Dist -Nalanda ... ... Petitioner/s

Versus

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

For the Petitioner/s :

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

Mr. Ram Bilash Roy Raman, A.P.P ====================================================== CORAM: HONOURABLE MR. JUSTICE DR. ANSHUMAN ORAL ORDER 07-05-2025 Heard Learned Counsel for the petitioner and Learned APP for the State.

2. The petitioner is apprehending arrest in connection with Rahui P.S. Case No. 225 of 2024 lodged on 30.04.2024, for the offence punishable under Sections 147, 149, 341, 323, 324, 325, 337, 307, 447, 504 & 506 of the Indian Penal Code.

3. As per the prosecution, FIR has been lodged against six named accused persons including the present petitioner against whom there is an allegation that they have assaulted the informant and his father by iron rod, lathi, danda due to which they sustained injury and when informant's mother along with sister in law came to rescue, then accused persons also assaulted

Patna High Court CR. MISC. No.27531 of 2025(2) dt.07-05-2025 2/3 them. It has been alleged in the FIR, that petitioner has assaulted the informant's mother and father by brick and later on, they referred to Biharsharif hospital.

4. Learned Counsel for the petitioner submits that the petitioner is innocent and has committed no offence. Counsel submits that the entire allegation made in the FIR is bad in law and cannot be accepted. Counsel submits that petitioner is the victim in this case and she deserves bail due to the reason that the allegation made in the FIR is not tenable in the light of factual matrix. Counsel further submits that there is general and omnibus allegation against the present petitioner and her criminal antecedent is also clean. Counsel also submits that other co-accused persons have been granted bail by the Coordinate Bench of this Court vide order dated 19.04.2025 passed in Cr. Misc. No.14229 of 2025.

5. Learned APP for the State opposes the prayer for bail of the petitioner.

6. As such, considering the aforesaid facts and circumstances, let the above named petitioner be released on bail, in the event of arrest or surrender before the Trial Court within a period of 4 weeks from today, on furnishing bail bond of Rs.30,000/- (Rupees Thirty Thousand) with two sureties of

Patna High Court CR. MISC. No.27531 of 2025(2) dt.07-05-2025 3/3 the like amount each to the satisfaction of the Judicial Magistrate 1st Class, Biharsharif, Nalanda in connection with Rahui P.S. Case No. 225 of 2024, subject to the conditions as laid down under Section 438(2) Cr.P.C.

(Dr. Anshuman, J) Divyansh/- U T