Patna High CourtCR. MISC./36376/2024bail granted

Nirmala Devi v. The State Of Bihar

2024-05-30Mr. Justice Dr. Anshuman2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.36376 of 2024 Arising Out of PS. Case No.-102 Year-2023 Thana- NOWKOTHI GARHPURA DistrictBegusarai ====================================================== NIRMALA DEVI W/O SUNIL SINGH R/O VILLAGE- PAHSARA, P.SNAWKOTHI, DISTT.- BEGUSARAI. ... ... Petitioner/s

Versus

THE STATE OF BIHAR BIHAR ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

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

Mr.Ram Naresh Ray, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE DR. ANSHUMAN ORAL ORDER 30-05-2024 Heard learned counsel for the petitioner and learned A.P.P. for the State.

2. The petitioner seeks regular bail in connection with Nawkothi P.S. Case No. 102 of 2023, lodged on 13.08.2023 under Sections 302, 120B/34 of the Indian Penal Code along with Section 27 of Arms Act.

3. As per the prosecution case, FIR has been lodged against four named accused persons including the present petitioner. Petitioner is alleged to be the order giver and on whose instruction the accused Ankaj Singh has fired on the deceased due to which he died.

4. Learned counsel for the petitioner submits that the petitioner is innocent and has committed no offence. Counsel

Patna High Court CR. MISC. No.36376 of 2024(2) dt.30-05-2024 2/2 also submits that the petitioner is a lady and has got clean antecedent. Counsel further submits that the petitioner is merely an order giver but specific allegation of firing is against coaccused Ankaj Singh. The petitioner is in custody since 27.02.2024 in the present case.

5. Learned APP for the State opposes the prayer for bail of the petitioner and submits that the petitioner is the order giver and on her order only the firing has been done.

6. In the present facts and circumstances of this case and the submissions made above, let the petitioner above named be granted bail, but only after framing of charge, if not framed on furnishing bail bonds of Rs.30,000/- (Rupees Thirty thousand) with two sureties of the like amount each to the satisfaction of learned J.M.1st Class, Begusarai in connection with Nawkothi P.S. Case No. 102 of 2023, subject to the conditions as laid down U/s 437(3) Cr.P.C.

(Dr. Anshuman, J) tusharika/- U T