Asha Devi v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.47020 of 2025 Arising Out of PS. Case No.-133 Year-2023 Thana- GRIYAK District- Nalanda ====================================================== Asha Devi Wife of Amod Prasad R/O Village- Mayapur, Police StationKatrisarai, District- Nalanda. ... ... Petitioner
Versus
The State of Bihar ... ... Opposite Party ====================================================== Appearance :
For the Petitioner :
Mr. Ajay Mukherjee, Advocate For the Opposite Party :
Mr. Abhay Kumar, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE HARISH KUMAR ORAL ORDER 03-11-2025 Heard Mr. Ajay Mukherjee, learned Advocate for the petitioner and Mr. Abhay Kumar, learned Additional Public Prosecutor for the State.
2. The petitioner is apprehending arrest in connection with Giriyak (Katrisarai) P.S. Case No. 133 of 2023, registered for the offences punishable under Sections 341, 323, 379, 307/34 of the Indian Penal Code.
3. Allegedly, on the fateful night, while the informant was going to his home, in the meanwhile, the petitioner along with her son intercepted the informant and started snatching the valuables. On protest being made, both the accused persons brutally assaulted him, due to which he sustained head injuries. There is also allegation of snatching of valuables against the petitioner and another co-accused.
4. Learned Advocate for the petitioner submitted that
Patna High Court CR. MISC. No.47020 of 2025(3) dt.03-11-2025 2/3 in fact no such occurrence has taken place and the petitioner being a lady, her name has been implicated in this case only on account of wrecking vengeance and to put pressure upon the entire family members. There is a counter version of the present case, which has been instituted by the petitioner being Complaint Case No. 237(C)/2023. It is further contended that the injuries, which have been allegedly sustained by the informant, have been found to be simple in nature. The petitioner undertakes that she will fully cooperate in the proceeding of the court.
5. On the other hand, learned Advocate for the State vehemently opposed the bail application and submits that besides one criminal antecedent, the petitioner has actively participated in the crime.
6. Regard being had to the submissions made on behalf of the parties and considering the fact that the petitioner is a woman, besides the omnibus nature of allegation coupled with the simple nature of the injuries, let the petitioner abovenamed be released on bail, in the event of her arrest or surrender before the court below within a period of four weeks from the date of receipt/production of a copy of this order, upon furnishing bail bonds of Rs.10,000/- (ten thousand) with two sureties of the like
Patna High Court CR. MISC. No.47020 of 2025(3) dt.03-11-2025 3/3 amount each to the satisfaction of the learned Chief Judicial Magistrate, Nalanda, Biharsharif/Court conceerned, Nalanda, Biharsharif, in connection with Giriyak (Katrisarai) P.S. Case No. 133 of 2023, subject to the conditions laid down in Section 482(2) of the Bharatiya Nagrik Suraksha Sanhita, 2023, with the further condition that one of the bailors shall be the own/close family members of the petitioner.
(Harish Kumar, J) Pawan/- U T