Arti Devi v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.48793 of 2025 Arising Out of PS. Case No.-71 Year-2024 Thana- SIMULTALLA District- Jamui ====================================================== Arti Devi Doughter of Gopi Yadav Village- Modidih, Bhandra Ps- Similtalla Dist- Jamui ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Sanjay Kumar Mishra Mr. Ashok Kumar For the State :

Mr. Md. Mushtaque Alam ====================================================== CORAM: HONOURABLE JUSTICE SMT. SONI SHRIVASTAVA ORAL ORDER 06-08-2025 Heard learned counsel for the petitioner and learned APP for the State.

2. The petitioner seeks bail in a case registered for the offences punishable under Sections 103(1), 61(2), 3(5) of the B.N.S., 2023.

3. The allegation in the FIR is that one Anita Devi had given an axe blow from the back to the mother-in-law of the informant and when the informant intervened, she was also pushed. It is further alleged that co-accused Gopi Yadav had given a forceful axe blow on the head of the mother-in-law of the informant due to which she fell down and subsequently, she was assaulted by other accused persons including the petitioner.

4. Learned counsel for the petitioner submits that there is a land dispute between the parties and a bare perusal of the FIR

Patna High Court CR. MISC. No.48793 of 2025(2) dt.06-08-2025 2/2 would show that the main thrust of allegation is against one Gopi Yadav who is said to have given a forceful axe blow on the head of the deceased. So far as the petitioner is concerned, there is general and omnibus allegation of assault upon her. Further, the petitioner and the informant are next door neighbours. It is next submitted that the co-accused Anita Devi has already been granted bail by this Court vide order dated 29.05.2025 passed in Cr. Misc. No. 32213 of 2025. The petitioner is in custody since 06.01.2025, having no criminal antecedent and the charges have also been framed on 03.07.2025.

5. Learned APP for the State, however, opposes the prayer for regular bail.

6.

Considering the above-mentioned facts and circumstances and the petitioner is a lady, the above named petitioner is directed to be enlarged on bail on furnishing bail bond of Rs. 10,000/- (Rupees Ten Thousand) with two sureties of the like amount each to the satisfaction of the learned Court below where the case is pending/successor Court in connection with Simultalla P.S. Case No. 71 of 2024.

(Soni Shrivastava, J) devendra/- U T