Sushma Devi v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.33680 of 2025 Arising Out of PS. Case No.-258 Year-2024 Thana- SANGRAMPUR District- Munger ====================================================== Sushma Devi W/O Mantu Yadav R/O Village- Raikar, P.S.- Sangrampur, District- Munger ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mrs. Devika Rani, Advocate For the Opposite Party/s :

Mrs. Renu Kumari, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE RAJIV ROY ORAL ORDER 20-05-2025 Heard Mrs. Devika Rani, learned counsel for the petitioner and Mrs. Renu Kumari, learned APP for the State.

2. The petitioner is apprehending her arrest in connection with Sangrampur P.S. Case No. 258 of 2024 for the offence under sections 76, 103(1), 115(2), 352, 351(2), 3(5) of the B.N.S. lodged on 10.12.2024 by the informant, Kavita Devi.

3. As per the prosecution story, the informant alleged that due to land dispute, as her husband was opposing, both Mantu Yadav and his wife Sushma Devi (the petitioner herein) firstly abused and thereafter, allegation is that Mantu Yadav took wooden part of a cot and hit on the head of the informant's husband, when the lady came to his rescue, this petitioner also assaulted her. She rushed her husband to Community Health Center, Sangrampur and then to Mayaganj Hospital, Bhagalpur, where he succumbed to the injury. This led to the FIR.

4. Learned counsel for the petitioner submits that

Patna High Court CR. MISC. No.33680 of 2025(2) dt.20-05-2025 2/3 admittedly, the main allegation is against her husband of giving the wooden part of cot blow on the head of the informant's husband which proved fatal, she is a lady having no criminal antecedent and is ready to face the trial.

5. Learned APP opposes the prayer submitting that both abuse and assault took place which led to death of informant's husband.

6. Taking into account the submissions of the parties as also that though allegation is there, the informant's husband is now no more, the main allegation is against the husband Mantu Yadav, this petitioner is a lady having no criminal antecedent, no direct role has been attributed so far as the death of informant's husband is concerned, in that background, this Court is inclined to extend him the privilege of anticipatory bail with conditions.

7. Let the petitioner be released on bail in the event of arrest or surrender within a period of four weeks from the receipt of this order, on furnishing bail bond of Rs. 10,000/- (Ten thousand) with two sureties of like amount each to the satisfaction of learned J.M. 1st cum A.M.-V, Munger, in connection with Sangrampur P.S. Case No.258 of 2024, subject to the conditions as laid down under Section 438(2) of the

Patna High Court CR. MISC. No.33680 of 2025(2) dt.20-05-2025 3/3 Cr.P.C.

(i) one of the bailor should be the family member/relative of the petitioner who shall provide official document to show his/her bona fide;

(ii) the petitioner shall appear on each and every date before the Trial Court and failure to do so for two consecutive dates without plausible reason will entail cancellation of her bail bond by the Trial Court itself;

(iii) the petitioner shall appear before the concerned police station every fortnight for next six months to mark her attendance;

(iv) the petitioner shall in no way try to induce or promise or threat the witnesses or tamper with the evidences, failing which the State shall be at liberty to take steps for cancellation of the bail bonds;

(v) the petitioner shall desist from committing any criminal offence again, failing which the State shall be at liberty to take steps for cancellation of her bail bonds. (Rajiv Roy, J) anand/- U T