Mamta Devi @ Mamta Kumari v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.49988 of 2025 Arising Out of PS. Case No.-124 Year-2025 Thana- RANIGANJ District- Araria ====================================================== Mamta Devi @ Mamta Kumari S/o Kundan Kumar Mandal Resident of Village- Gidhwas, Ward No. 11, P.S.- Raniganj, Araria (Bihar) ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Kumar Ravish, Advocate Mr. Sanjay Kumar Sharma, Advocate For the State :

Mr. Pawan Kumar Chaurasia, APP For the Informant :

Mr. Dheeraj Kumar, Advocate ====================================================== CORAM: HONOURABLE MR. JUSTICE RUDRA PRAKASH MISHRA ORAL ORDER 06-08-2025 Heard learned counsel for the petitioner and learned APP for the State as also learned counsel for the informant. 2.

The petitioner seeks bail in connection with Raniganj P.S. Case No. 124 of 2025 instituted for the offence under Sections 126(2), 127(2), 329(3), 329(4), 115(2), 118(1), 109, 103(1), 352 & 3(5) of the Bharatiya Nyaya Sanhita, 2023. 3.

As per prosecution case, the petitioner and coaccused persons entered into the house of the informant and assaulted the mother of the informant. Co-accused persons Kundan Kumar and Anila Devi caught hold of the mother of the informant and co-accused Chandeshwar Mandal, firstly cut her tongue and subsequently stabbed her on the neck causing

Patna High Court CR. MISC. No.49988 of 2025(2) dt.06-08-2025 2/3 serious injury to her. Other family members of the informant were also assaulted. The mother of the informant was taken to hospital where she was declared dead.

4.

It has been submitted on behalf of the petitioner that the petitioner is in custody since 28-03-2025. Petitioner bears no criminal antecedent/s, 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, a woman, has been falsely implicated in the present case arising out of an old family dispute where 13 persons, including minors and even those not present at the place of occurrence, were named. The FIR attributes no specific overt act to the petitioner, and the informant himself is not an eyewitness. Investigation exonerated several co-accused, with evidence showing some were away from the village, and the alleged injuries are simple in nature. Other co-accused has been granted bail by this Court vide order dated 30-07-2025, passed in Cr. Misc. No. 47358 of 2025.

6.

Learned A.P.P. for the State and learned counsel for the informant have vehemently opposed the prayer for grant of bail to the petitioner.

7.

Considering the aforesaid facts and circumstances

Patna High Court CR. MISC. No.49988 of 2025(2) dt.06-08-2025 3/3 of the case, period of custody of the petitioner, claim based on parity and there being no specific allegation attributed to the petitioner, this Court is inclined to grant bail to the petitioner. 8.

Let the petitioner be released on bail on furnishing bail bonds of Rs. 15,000/- (Fifteen Thousand) with two sureties of the like amount each to the satisfaction of Court below/concerned Court in connection with Raniganj P.S. Case No. 124 of 2025.

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