Punita Devi v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.35390 of 2025 Arising Out of PS. Case No.-47 Year-2024 Thana- MAHILA P.S. District- Madhubani ====================================================== 1.

Punita Devi W/O Late Siya Sharan Jha @ Siyaram jha R/O VillageSalempur, P.S- Manikpur, Distt.- Lakhisarai at present both resident of Village- Sidhapkala, P.S- Ladania, Distt.- Madhubani. 2.

Prabhash Kumar Jha S/O Late Siya Sharan Jha @ Siya Ram jha R/O Village- Salempur, P.S- Manikpur, Distt.- Lakhisarai at present both resident of Village- Sidhapkala, P.S- Ladania, Distt.- Madhubani. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Ugranath Mallik, Advovate For the State :

Mr. Dinesh Singh, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE JITENDRA KUMAR ORAL ORDER 18-06-2025 At the outset, ld. Counsel for the Petitioner is seeking permission to withdraw the petition on behalf of the Petitioner No.2/ Prabhash Kumar Jha.

2. Permission is accorded.

3. Accordingly, the application of Petitioner No.2/ Prabhash Kumar Jha is dismissed as withdrawn.

4. Heard Ld. counsel for the Petitioner and Ld. APP for the State.

5. The petitioner seeks bail, apprehending her arrest, in connection with Mahila P.S. Case No. 47 of 2024, dated 20.11.2024, registered for the offences punishable under Sections 126(2), 115(2), 74, 109, 352, 303(2) and 3(5) of the

Patna High Court CR. MISC. No.35390 of 2025(2) dt.18-06-2025 2/3 B.N.S., 2023.

6. As per allegation, the petitioner and other coaccused persons have caused simple injury on the person of the informant.

7. Ld. counsel for the petitioner submits that the Petitioner is innocent and has falsely been implicated in this case on account of previous land dispute between the parties. He further submits that the alleged injury is simple in nature and offence of attempt to murder is not attracted. He further submits that it is a case of simple hurt, as such alleged offence is bailable.

8. It is also stated in paragraph no. 2 of the bail petition that the petitioner has not moved this Court earlier either for anticipatory bail or regular one in the instant case.

9. It has further been stated in paragraph no.3 of the bail petition that the petitioner has no criminal antecedent.

10. However, learned APP for the State vehemently opposes the prayer of the Petitioner for bail.

11. Considering the aforesaid facts and circumstances, this petition is allowed, directing the petitioner, namely, Punita Devi, to be enlarged on bail, in the event of her arrest or surrender before the court below within a period of eight weeks

Patna High Court CR. MISC. No.35390 of 2025(2) dt.18-06-2025 3/3 from the date of receipt / production of a copy of this order, on her furnishing bail bonds in the sum of Rs.10,000/- (Ten Thousand) with two sureties of the like amount each to the satisfaction of learned concerned Court below, in connection with Mahila P.S. Case No. 47 of 2024, subject to the conditions as laid down under Section 482 (2) B.N.S.S., 2023 and on the following conditions:

(i) In case, it is brought to the notice of the court below that the petitioner has any criminal antecedents, learned court below shall cancel the bail bonds of the petitioner after hearing her and getting satisfied that the petitioner has concealed her criminal antecedents despite her knowledge of the same.

(ii) In case, it is brought to the notice of the court below that statement regarding previous bail petition is wrong, learned court below shall cancel the bail bonds of the petitioner. (Jitendra Kumar, J.) ravishankar/- U T