Priti Devi v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.29970 of 2025 Arising out of PS. Case No.-166 Year-2024 Thana- BALIGAON District- Vaishali ====================================================== Priti Devi, Wife of Sudama Rai, Village- Chakmir Banki, PS- Baligaon, District- Vaishali Bihar.
... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Ms. Rupa Kumari, Advocate For the Opposite Party/s :
Mr. Dinesh Singh, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE SOURENDRA PANDEY ORAL ORDER 20-06-2025 Heard learned counsel for the petitioner and the learned Additional Public Prosecutor for the State.
2. The petitioner seeks regular bail in connection with Baligaon P.S. Case No. 166 of 2024 registered for the offences punishable under Sections 190, 191(2), 191(3) and 103 of the Bharatiya Nyaya Sanhita.
3. The prosecution case is to the effect that the informant has stated that 22 named accused persons including this petitioner came variously armed with Lathi, Danda and knife etc. at the door of the informant and started abusing and subsequent thereto they also attacked and assaulted the father of the informant. It is further alleged that when the father of the informant tried to run away, the accused persons chased him and after surrounding him again assaulted the father of informant
2/4 causing grievous injuries. It is further alleged that the father of the informant was taken to the hospital, however he succumbed to the injury sustained.
4. Learned counsel for the petitioner submits that the petitioner has falsely been implicated in this case due to previous land dispute and the entire family of the accused side, total twenty two persons, have been accused of assaulting the father of the informant. Learned counsel submits that there is no specific allegation against the petitioner and even the informant has not stated about the weapon which the petitioner was carrying. Lastly, it has been submitted that the petitioner has clean antecedent and she is in custody since 06.12.2024.
5. Learned APP for the State has vehemently opposed the prayer for bail of the petitioner and has stated that the petitioner was along with the accused persons who have assaulted the father of the informant resulting in his death.
6. Considering the aforesaid submissions made by the parties and taking into account the fact that there is general and omnibus allegation against twenty two accused persons who have assaulted the father of the informant and also taking into account the period of custody, let the petitioner, above named, be released on bail on furnishing bail bond of Rs. 10,000/- (Ten
3/4 thousand) with two sureties of the like amount each to the satisfaction of the learned court of C.J.M., Vaishali at Hajipur or his successor in connection with Baligaon P.S. Case No. 166 of 2024, subject to the following conditions:- (i) One of the bailors will be a close relative of the petitioner.
(ii) The petitioner will remain present on each and every date fixed by the Court below, if so required by the learned Trial Court.
(iii) In case of absence on two consecutive dates or in violation of the terms of the bail, the bail bond of the petitioner will be liable to be canceled by the Court concerned.
(iv) And further condition that the court below shall verify the criminal antecedent of the petitioner and in case at any stage it is found that the petitioner has concealed his criminal antecedent, the court below shall take step for cancellation of bail bond of the petitioner. However, the
4/4 acceptance of bail bonds in terms of the above-mentioned order shall not be delayed for the purpose of or in the name of verification.
7. It is made clear that the observations, if any, made in this order, shall be of no bearing during the trial. (Sourendra Pandey, J) Vikash/- U T