Nisha Devi v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.52076 of 2024 Arising Out of PS. Case No.-45 Year-2024 Thana- HASANPUR District- Samastipur ====================================================== 1.

Nisha Devi W/o Deepak Sah R/o vill - Navtoliya Atapur, ward no. 8, P.S. - Hasanpur, Distt. - Samastipur (Bihar) 2.

Poonam Devi @ Punam Devi W/o Umesh Sah R/o vill - Navtoliya Atapur, ward no. 8, P.S. - Hasanpur, Distt. - Samastipur (Bihar) ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Madhav Kumar For the Opposite Party/s :

Mr.Chandra Sen Prasad Singh Mr. Ram Kioshore Singh Amit Kumar Sngh Mr. Purshottam Kumar ====================================================== CORAM: HONOURABLE MR. JUSTICE NAWNEET KUMAR PANDEY ORAL ORDER 31-07-2024 Heard the learned counsel for the petitioners and learned APP for the State, assisted by learned counsel for the informant.

2. This is an application for regular bail on behalf of the petitioners for the offences alleged under Sections 143, 307, 302 and 506 of the Indian Penal Code, registered in connection with Hasanpur P.S.Case No. 45 of 2024.

3. As per allegation, the accused persons, variously armed with lethal weapons encircled the house of the informant and started assaulting her husband, as a result of which, he fell on the ground. The husband of the informant was rushed to a hospital in a precarious condition where he was declared dead.

4. The learned counsel for the petitioner has submitted that the petitioners have falsely been implicated in this case

Patna High Court CR. MISC. No.52076 of 2024(2) dt.31-07-2024 2/2 merely because they are the family members of the accused persons. They are ladies and there is no covert act against them.

5. On the other hand, the learned counsel for the informant has opposed the prayer for bail.

6. From perusal of the FIR, it appears that there is no allegation against the petitioners to assault anybody, including the deceased. That allegation is on other co-accused persons. The petitioner are ladies having clean antecedents and are languishing jail since 19.04.2024.

7. Considering the above facts and circumstances, let the petitioners, above-named, be released on bail on furnishing bail bond of Rs. 10,000/-(ten thousand) each, with two sureties of the like amount each, to the satisfaction of learned Additional Chief Judicial Magistrate,-IV, Rosera in connection with Hasanpur P.S.Case No. 45 of 2024, subject to the condition that the petitioners shall cooperate in the disposal of trial and make themselves available as and when required by the court. (Nawneet Kumar Pandey, J) HR/- U T