Nirmala Devi v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.29999 of 2025 Arising Out of PS. Case No.-160 Year-2024 Thana- BAHERI District- Darbhanga ====================================================== Nirmala Devi W/O Mahesh Yadav R/O Village- Kerba Koth, P.S- Baheri, Distt.- Madhubani.

... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Gagan Deo Yadav, Advocate :

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

Mr.Shailendra Kumar Singh, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE ANIL KUMAR SINHA ORAL ORDER 16-05-2025 1.

Heard learned Counsel for the petitioner and learned APP for the State.

2.

This application, for grant of anticipatory bail, arises out of Baheri PS case no. 160 of 2024 dated 26.05.2024, disclosing offences punishable under Section 307 and other allied sections of the Indian Penal Code.

3.

The prosecution story, as per the First Information Report, is that on 22.05.2024 at about 4.30 pm, the side of the petitioner were constructing a house in the southern side of the informant's house. It has been alleged that petitioner's side were constructing the house adjacent to the house of the informant after adding bricks on the wall of informant and upon protest, the petitioner and others assaulted the informant and his family

Patna High Court CR. MISC. No.29999 of 2025(2) dt.16-05-2025 2/3 members. It has further been alleged that petitioner assaulted by means of tengari on the head of Vinod Yadav.

4.

Learned Counsel for the petitioner submits that both parties are next door neighbours and there appears to be land dispute between them. Learned counsel further submits that a counter case has been filed by the side of the petitioner for occurrence which has taken place on the same date and time. He next submits that injury caused to the victim Vinod Yadav is discussed in the impugned order but it has not been described as grievous in nature. He also submits that co-accused persons have been granted bail by a co-ordinate Bench of this Court vide order dated 08.05.2025, passed in Cr. Misc. No. 29361 of 2025. 5.

Having regard to the submissions made on behalf of the parties and taking into consideration the nature of allegation and the fact that there is case and counter case between the parties, the petitioner is a lady and co-accused persons have been granted bail by co-ordinate Bench of this Court, I am inclined to grant the privilege of anticipatory bail to the petitioner.

6.

This application is, accordingly, allowed.

7.

Let petitioner, abovenamed, in the event of his arrest or surrender before the Court below within six weeks, be

Patna High Court CR. MISC. No.29999 of 2025(2) dt.16-05-2025 3/3 released on bail on furnishing bail bond of Rs. 10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of learned J.M. 1st class, Darbhanga in connection with Baheri PS case no. 160 of 2024, subject to the condition laid down under Section 482 of the Code of Criminal Procedure. (Anil Kumar Sinha, J) rinkee/- U T