Meena Devi v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.32525 of 2025 Arising Out of PS. Case No.-95 Year-2025 Thana- BHABHUA District- Kaimur (Bhabua) ====================================================== Meena Devi W/O Dilip Singh Resident Of Village - Tarhani, Police StationSonhan, District- Kaimur ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr.Raghunandan Kumar Singh, Adv.
For the Informant Mr. Ashok Kumar Singh, Adv.
Mr. Abhishek Kumar Singh, Adv.
For the State :
Mr. Uday Chand Prasad, APP ====================================================== CORAM: HONOURABLE JUSTICE SMT. SONI SHRIVASTAVA ORAL ORDER 20-05-2025 Heard learned counsel for the petitioner, learned Additional Public Prosecutor for the State and learned counsel for the informant.
2. The petitioner seeks bail in a case registered for the offence punishable under Sections 126(2), 115(2), 109, 103(1), 352, 351(2), 3(5) of the B.N.S. and Section 27 of the Arms Act.
3. The First Information Report discloses a story that on 09.02.2025 when the husband and son of the informant were engaged in the work of filling earth/soil in their house, they were objected to by the brother-in-law of the informant Dilip Singh, his two sons namely Vishwa Prakash Singh and Anant Prakash Singh and his wife Mina Devi, the present petitioner. The verbal altercation between the parties escalated and
Patna High Court CR. MISC. No.32525 of 2025(2) dt.20-05-2025 2/3 converted itself into physical altercation and it is alleged that the son of the petitioner Vishwa Prakash Singh extorted to bring the gun whereafter the petitioner and co-accused Dilip Singh brought the gun and Dilip Singh fired due to which the informant's husband died on the spot while the informant's son received gun shot injury at his back, who was subsequently taken for treatment to the hospital.
4. Learned counsel for the petitioner submits that it would be apparent from the First Information Report itself that the husband of the petitioner and the informant's husband are own brothers and there was a dispute between them with regard to filling earth in the house. The incident took place starting from a verbal altercation between the parties which subsequently escalated leading to the present incident. It is further submitted that as a matter of fact, there was free fight between the parties and the allegation levelled on the petitioner that she has brought the gun and handed it over to the husband is actually not correct and she being a family member has also unnecessarily been dragged in the present case. The specific allegation of firing is on the husband of the petitioner Dilip Singh and a counter case has also been filed by the daughter of the present petitioner by way of a complaint case bearing No. 96
Patna High Court CR. MISC. No.32525 of 2025(2) dt.20-05-2025 3/3 of 2025 on 12.02.2025. The injury report of the petitioner's husband and the two sons have also been brought on record by way of Annexure-P/2 to the present case. Further, it has been submitted that the entire family of the petitioner is behind bars and the petitioner, who is a lady and has no criminal antecedent is in custody since 10.02.2025.
5. The application has been vehemently opposed by the counsel appearing on behalf of the informant who submits that the present incident has resulted on the spot death of the informant's husband while very serious injury has been caused to the son of the informant who is still getting his treatment done at Varanasi.
6. In such view of the matter, let the above named petitioner, be enlarged on bail 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 Bhabhua P.S. Case No. 95 of 2025.
(Soni Shrivastava, J) devendra/- U T