Lalita Devi v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.40816 of 2025 Arising Out of PS. Case No.-12 Year-2025 Thana- MAIGRA District- Gaya ====================================================== Koshila Devi S/o Shyamlal Yadav @ Shayamlal R/o Vill- Chonha Tola Naiykadih, P.S.- Maigra, Distt- Gaya ... ... Petitioner/s
Versus
The State of Bihar Bihar ... ... Opposite Party/s ====================================================== with CRIMINAL MISCELLANEOUS No. 40747 of 2025 Arising Out of PS. Case No.-12 Year-2025 Thana- MAIGRA District- Gaya ====================================================== 1.
Yogendra Yadav @ Yogendra Kumar S/O Bali Yadav @ Ramvali Yadav R/O Village- Chonha, Tola- Naykadih, P.S- Maigra, Distt.- Gaya. 2.
Rajesh Yadav S/O Bali Yadav @ Ramvali Yadav R/O Village- Chonha, TolaNaykadih, P.S- Maigra, Distt.- Gaya. 3.
Dinesh Yadav S/O Baban Yadav R/O Village- Chonha, Tola- Naykadih, P.SMaigra, Distt.- Gaya. ... ... Petitioner/s
Versus
The State of Bihar Bihar ... ... Opposite Party/s ====================================================== with CRIMINAL MISCELLANEOUS No. 40884 of 2025 Arising Out of PS. Case No.-12 Year-2025 Thana- MAIGRA District- Gaya ====================================================== Lalita Devi S/o Akhilesh Yadav @ Akilesh Yadav @ Akhilesh Kumar R/o Vill- Naykadih, P.S.- Maigra, Gaya ... ... Petitioner/s
Versus
The State of Bihar Bihar ... ... Opposite Party/s ====================================================== Appearance :
(In CRIMINAL MISCELLANEOUS No. 40816 of 2025) For the Petitioner/s :
Mr.Arvind Kumar Singh, Advocate For the Opposite Party/s :
Dr. Indiwar Kumari, APP (In CRIMINAL MISCELLANEOUS No. 40747 of 2025) For the Petitioner/s :
Mr.Vijay Kumar, Advocate For the State :
Mr.Ajay Kumar Jha, APP
2/5 (In CRIMINAL MISCELLANEOUS No. 40884 of 2025) For the Petitioner/s :
Mr.Arvind Kumar Singh, Advocate For the State :
Mr.Dilip Kumar No. 1, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE SANDEEP KUMAR ORAL ORDER 10-09-2025 Re.: Cr. Misc. No. 40816 of 2025 Heard learned counsel for the petitioner and learned APP for the State.
2. The petitioner seeks bail in connection with Maigra P.S. Case No. 12 of 2025 registered for the offence punishable under Sections 103 and 3(5) of the Bharatiya Nyaya Sanhita.
3. As per the allegation, there is general and omnibus allegation against the accused persons of assaulting the petitioner, who is a woman and there are only three injuries on the deceased.
4. The petitioner is in custody since 28.04.2025.
5. Considering the fact that the petitioner is a woman and the period of custody, this application is allowed.
6. Let the petitioner, above named, be released on bail on furnishing bail bonds of Rs. 10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of the learned J.M. First Class, Sherghati, Gaya/ concerned Court in connection with Maigra P.S. Case No. 12 of 2025. Re.: Cr. Misc. No. 40884 of 2025
3/5
7. Heard learned counsel for the petitioner and learned APP for the State.
8. The petitioner seeks bail in connection with Maigra P.S. Case No. 12 of 2025 registered for the offence punishable under Sections 103 and 3(5) of the Bharatiya Nyaya Sanhita.
9. As per the allegation, there is general and omnibus allegation against the accused persons of assaulting the petitioner, who is a woman and there are only three injuries on the deceased.
10. The petitioner is in custody since 26.02.2025.
11. Considering the fact that the petitioner is a woman and the period of custody, this application is allowed.
12. Let the petitioner, above named, be released on bail on furnishing bail bonds of Rs. 10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of the learned J.M. First Class, Sherghati, Gaya/ concerned Court in connection with Maigra P.S. Case No. 12 of 2025. Re.: Cr. Misc. No. 40747 of 2025
13. Heard learned counsel for the petitioners; learned APP for the State and learned counsel for the informant.
14. At the very outset, learned counsel for the
4/5 petitioners prays for and is permitted to withdraw the application on behalf of petitioner no. 2 namely, Rajesh Yadav.
15. The application is dismissed as withdrawn with regard to petitioner no. 2.
16. The application is now restricted to petitioner no. 1 and 3 only.
17. The petitioner nos. 1 and 3 seeks bail in connection with Maigra P.S. Case No. 12 of 2025 registered for the offence punishable under Sections 103 and 3(5) of the Bharatiya Nyaya Sanhita.
18. As per the allegation, there is general and omnibus allegation against the accused persons of assaulting the petitioners.
19. The petitioner no.1 is in custody since 26.02.2025 and petitioner no. 3 is in custody since 01.03.2025.
20. Learned counsel for the petitioners submits that as per the FIR, the allegation against the petitioners and others is of assaulting with sharp edged weapon also but the injuries which have been found are lacerated which can be caused by hard and blunt substance and not a sharp weapon.
21. Learned counsel for the State and learned counsel
5/5 for the informant have vehemently opposed the prayer for bail.
22. Let the petitioner nos. 1 and 3, above named, be released on bail on furnishing bail bonds of Rs. 10,000/- (ten thousand) each with two sureties of the like amount each to the satisfaction of the learned Judicial Magistrate-1st Class, Sherghati, Gaya in connection with Maigra P.S. Case No. 12 of 2025.
23. Accordingly, this application is dismissed with regard to petitioner no. 2 and allowed with regard to petitioner nos. 1 and 3.
(Sandeep Kumar, J) P. Kumar U T