Hira Devi v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.33003 of 2025 Arising Out of PS. Case No.-442 Year-2024 Thana- RAXAUL District- East Champaran ====================================================== Hira Devi W/O Bagar Mahto Resident of Village- Raxaul, P.S.- Raxaul, District-East Champaran at present resident of Village-Gamargawan, Police Station-Jitpur, Semra, District- Bara Nepal.

... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Md. Waliur Rahman For the Opposite Party/s :

Mr.Ram Bilash Roy Raman ====================================================== CORAM: HONOURABLE JUSTICE SMT. SONI SHRIVASTAVA ORAL ORDER 26-05-2025 Heard learned counsel for the petitioner and the learned APP for the State.

2. The petitioner makes a prayer for grant of regular bail in a registered for the offences punishable under Sections 103,238,302,120B, 61(2),126(2), 341, 323, 396,115(2), 64, 3(5) of BNSS Act.

3. The FIR discloses that on 14.11.2024, the informant received an information that one Rajpal Yadav had forcibly entered the cowshed of the informant and committed wrong with the sister of the informant. It is alleged that when the informant reached the place of occurrence, he found Rajpal Yadav present in the cowshed and found his sister lying in unconscious condition with her cloth torn. It is further alleged

Patna High Court CR. MISC. No.33003 of 2025(2) dt.26-05-2025 2/3 that the informant caught hold of Rajpal Yadav but he had made a phone call to his family and all his family members including the present petitioner started assaulting the informant and took Rajpal Yadav away with them. It has further been alleged that the sister of the informant had died in the occurrence.

4. Learned counsel for the petitioner submits that it would be clear from the FIR itself, that the allegation with regard to committing wrong with the sister of the informant is specific against co-accused Rajpal Yadav and subsequently, the entire family of the Rajpal Yadav, being 9 in number, including the present petitioner were made accused in this case. It has also been submitted that the petitioner is a lady, who is married in Nepal and had only come to her Myaka when she was made an accused in the present case. It has also been submitted on behalf of the petitioner that there is no eye witness to the actual incident committed with the sister of the informant and the petitioner is no way connected with the first part of the occurrence.

5. The learned APP opposes the prayer for bail.

6. Considering the aforesaid facts and circumstances and also considering that the petitioner is a married lady, who is in custody since 16.11.2024 and charge sheet has already been

Patna High Court CR. MISC. No.33003 of 2025(2) dt.26-05-2025 3/3 submitted, let the above named petitioner shall be enlarged on bail on furnishing bail bonds of Rs 10,000/- (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 Raxaul P.S. Case No. 442 of 2024.

(Soni Shrivastava, J) N.K/- U T