Sandhya Devi v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.47059 of 2025 Arising Out of PS. Case No.-207 Year-2023 Thana- AMNAUR District- Saran ====================================================== Sandhya Devi W/o- Rajesh Rai @ Gobardhan Rai Resident of VillageDharhara Kala PS- Amnour, Dist- Saran ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Rajiv Kumar, Adv.

For the Opposite Party/s :

Mr.Mohammad Sufyan, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE RUDRA PRAKASH MISHRA ORAL ORDER 02-09-2025 Heard learned counsel for the petitioner and learned APP for the State. Perused the case diary.

2. The petitioner has earlier moved before this Court with a prayer for anticipatory bail which was rejected vide order dated 16.05.2024 passed in Cr. Misc. No. 35884 of 2024.

3. The petitioner seeks bail in connection with Amnour P.S. Case No. 207 of 2023 instituted for the offences under Sections 302/34 of the Indian Penal Code.

4. As per prosecution case, the allegation against the petitioner along with others is of brutally assaulting the informant and his family members due to which they sustained injury. It is further alleged that due to assault, the father-in-law of the informant succumbed to injury.

Patna High Court CR. MISC. No.47059 of 2025(3) dt.02-09-2025 2/3

5. Learned counsel for the petitioner submits that the petitioner is innocent and has committed no offence as alleged against her and has falsely been implicated in the present case. Both the parties are agnate and there is dispute between them. Both the parties have compromised the case outside the Court and a compromise petition has also been filed before the learned Additional Chief Judicial Magistrate VII, Chapra. The petitioner has no criminal antecedent and is languishing in judicial custody since 03.06.2025 without any rhymes or reason. Learned counsel for the petitioner again submits that the co-accused namely Chandan Kumar has already been granted bail by this Court vide order dated 08.04.2024 passed in Cr. Misc. No. 26155 of 2024.

6. On the other hand, learned A.P.P. for the State has vehemently opposed the prayer for grant of bail to the petitioner, stating that there is direct allegation against the petitioner of assaulting the father-in-law of the informant by means of brick due to which he sustained injury and ultimately died.

7. Having heard rival contention of both the parties and considering the entire facts and circumstances of the case, the period of custody of the petitioner, the petitioner having no criminal antecedent as also the petitioner being lady, let the

Patna High Court CR. MISC. No.47059 of 2025(3) dt.02-09-2025 3/3 petitioner, abovenamed, be released on bail, after framing of charge if not already framed, on furnishing bail bonds of Rs.15,000/- (Rupees Fifteen Thousand) with two sureties of the like amount each to the satisfaction of Court below/concerned Court in connection with Amnour P.S. Case No. 207 of 2023, subject to the following conditions;

(i) One of the bailor(s) shall be the own/close family members of the petitioner.

(ii) The petitioner shall cooperate 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 in the event of failure on two consecutive dates without sufficient reasons, her bail bond shall be liable to be cancelled by the court below.

(Rudra Prakash Mishra, J) rishi/- U T