Neha Yadav v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.36412 of 2025 Arising Out of PS. Case No.-517 Year-2024 Thana- DUMRA District- Sitamarhi ====================================================== Neha Yadav W/o Birendra Rai @ Pahari @ Virendra Ray Resident of Village - Vishwanathpur, P.S.- Dumra, District - Sitamarhi ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr. Ashok Kumar Jha, Advocate For the Opposite Party/s :
Mr. Nand Kishore Prasad, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE RAJESH KUMAR VERMA ORAL ORDER 30-07-2025 Heard Mr. Ashok Kumar Jha, learned counsel for the petitioner and Mr. Nand Kishore Prasad, learned Additional Public Prosecutor for the State.
2. The petitioner is apprehending her arrest in connection with Dumra P.S. Case No. 517 of 2024, F.I.R. dated 16.11.2024 for the offences punishable under Sections 103(1), 238 of Bharatiya Nyay Sanhita, 2023.
3. As per the First Information Report, the informant alleged that the petitioner along with other accused persons committed the murder of his son.
4. Learned counsel for the petitioner submits that petitioner has clean antecedent and she has falsely been implicated in the present case. Informant is not the eye witness of the present occurrence and even no has seen the alleged
Patna High Court CR. MISC. No.36412 of 2025(3) dt.30-07-2025 2/3 occurrence and the name of the petitioner and her husband has been transpired merely on the basis of suspicion and except the suspicion, no other cogent material has come during investigation which suggest the involvement of the petitioner in the present occurrence and even the husband of the petitioner, who is in judicial custody has not stated anything about the petitioner.
5. The learned Additional Public Prosecutor on the materials available on record and case diary has vehemently opposed the prayer for bail of the petitioner but fairly submits that no other cogent material has come during investigation which suggest the involvement of the petitioner in the present occurrence.
6. Considering the aforesaid facts and circumstances, let the petitioner, above named, in the event of arrest or surrender before the court below within a period of thirty days from the date of receipt of the order, be released on bail on furnishing bail bond of Rs. 10,000/- (Ten Thousand) with two sureties of the like amount each to the satisfaction of the learned CJM, Sitamarhi in connection with Dumra P.S. Case No. 517 of 2024, subject to the conditions as laid down under Section 438(2) of the Code of Criminal Procedure / Section 482(2) of
Patna High Court CR. MISC. No.36412 of 2025(3) dt.30-07-2025 3/3 the Bhartiya Nagarik Suraksha Sanhita and with other following conditions:- i. Petitioner shall co-operate in the trial and shall be properly represented on each and every date fixed by the court and shall remain physically present as directed by the court and on her absence on two consecutive dates without sufficient reason, her bail bond shall be cancelled by the Court below. ii. If the petitioner tampers with the evidence or the witnesses, in that case, the prosecution will be at liberty to move for cancellation of bail.
iii. And further condition that the court below shall verify the criminal antecedent of the petitioner and in case at any stage it is found that the petitioner has concealed her criminal antecedent, the court below shall take step for cancellation of bail bond of the petitioner. However, the acceptance of bail bond in terms of the above-mentioned order shall not be delayed for purpose of or in the name of verification.
(Rajesh Kumar Verma, J) Suruchi/- U T