Nilam Devi v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.29838 of 2025 Arising Out of PS. Case No.-630 Year-2024 Thana- SAKRA District- Muzaffarpur ====================================================== Nilam Devi W/o Bhola Singh R/o Village- Sarmastpur, P.S.- Sakra, DistrictMuzaffarpur. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Shashank Shekhar, Advocate For the State :

Mr. Nagendra Prasad, APP For the Informant : Mr. Ram Jiban Prasad Singh, Advocate ====================================================== CORAM: HONOURABLE JUSTICE SMT. SONI SHRIVASTAVA ORAL ORDER 14-08-2025 Heard learned counsel for the petitioner and learned APP for the State.

2. The petitioner apprehends her arrest for the offences punishable under Section 115, 126(2), 118 (1), 117, 109 and 3(5) of the B.N.S.

3. The allegation in the first information report is that as many as ten accused persons including the petitioner and other unknown persons came variously armed and assaulted the informant and his wife causing serious injuries.

4. Learned counsel for the petitioner submits that the petitioner is one of the ten named F.I.R. accused persons but there is general and omnibus allegation against her of assault upon the informant. There is specific allegation on Man Mohan Kumar and Raja Kumar of having opened fire on the wife of the informant which hit her thigh. He further submits that there is land dispute between the parties and petitioner, being a female inmate of the

Patna High Court CR. MISC. No.29838 of 2025(7) dt.14-08-2025 2/2 house, has falsely been implicated in the present case. Reference has been made to para-21 and 23 of the case diary, which would show that this petitioner was not involved in the altercation and specific names of some other persons have been taken.

5. Learned counsel for the informant opposes the grant of anticipatory bail on the ground that serious injuries have been suffered by the informant and his wife.

6. Taking into consideration the facts and circumstances as well as the fact that there is general and omnibus allegation in the F.I.R. and independent witness during the course of investigation had not supported the involvement of the petitioner, who is a female and has no criminal antecedent, let the above named petitioner, be released on bail, in the event of her arrest or surrender before the learned Court below within a period of four weeks from today, on furnishing bail bond of Rs.10,000/- (Rupees 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 connection with Sakra P.S. Case No.630 of 2024, subject to the condition as laid down under Section 438 (2) of the Cr.P.C./Section 482 (2) of the B.N.S.S. (Soni Shrivastava, J) Trivedi/- U T