Putul Devi v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.45497 of 2025 Arising Out of PS. Case No.-44 Year-2025 Thana- RAJAOLI District- Nawada ====================================================== Putul Devi Wife of Suresh Rajwanshi Resident of village - Lakshmi Bigha, Police Station - Rajauli, District - Nawada ... ... Petitioner/s

Versus

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

For the Petitioner/s :

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

Mr. Jagdhar Prasad, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE RUDRA PRAKASH MISHRA ORAL ORDER 22-07-2025 Heard learned counsel for the petitioner and learned APP for the State.

2.

The petitioner seeks bail in connection with Rajauli P.S. Case No. 44 of 2025 instituted for the offence under Sections 126(2), 115(2), 109, 303(2) & 3(5) of the Bharatiya Nyaya Sanhita, 2023.

3.

The informant alleged that on 31.12.2024, due to a children's fight, named accused along with unknown persons assaulted him, his wife, and children at his house using lathi, iron rod, and bricks. His son Mithlesh Rajwanshi suffered a serious head injury and remains unconscious after surgery. The accused also snatched a gold chain before fleeing the spot. 4.

It has been submitted on behalf of the petitioner

Patna High Court CR. MISC. No.45497 of 2025(2) dt.22-07-2025 2/3 that the petitioner is in custody since 18-02-2025. Petitioner bears no criminal antecedent, as per disclosure made in paragraph No. 3 of the bail application.

5.

It has been further submitted by the petitioner's counsel that petitioner has been falsely implicated in the present case. Learned counsel for the petitioner submits that allegation against the petitioner is confined to only snatching gold chain from the informant. Learned counsel submits that petitioner is a woman and there is no specific allegation against the petitioner. It is next submitted that even from perusal of the allegation as alleged in the FIR, it would manifest that the allegation does not inspire confidence as it does not appear probable that petitioner along with Gayatri Devi would have dashed the informant on ground and thereafter snatched his chain. Similarly situated coaccused person has been enlarged on anticipatory bail by a Coordinate Bench of this Court vide order dated 18-06-2025, passed in Cr. Misc. No. 37377 of 2025.

6.

Learned A.P.P. for the State has vehemently opposed the prayer for grant of bail to the petitioner. 7.

Considering the aforesaid facts and circumstances of the case, period of custody of the petitioner, petitioner being a lady and claim based on parity, this Court is inclined to grant

Patna High Court CR. MISC. No.45497 of 2025(2) dt.22-07-2025 3/3 bail to the petitioner.

8.

Let the petitioner 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 Court below/concerned Court in connection with Rajauli P.S. Case No. 44 of 2025.

(Rudra Prakash Mishra, J) Raj Kishore/- U T