Nilam Devi v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.63686 of 2021 Arising Out of PS. Case No.-27 Year-2021 Thana- SARSI District- Purnia ====================================================== Nilam Devi W/o Upendra Sah Gupta Resident of Village - Paras Mani, P.S. - Sarsi, District - Purnea.

... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Gauri Shankar Prasad, Advocate For the Opposite Party/s :

Mr. Anuj Kumar Shrivastava, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE CHAKRADHARI SHARAN SINGH ORAL ORDER 07-04-2022 Heard learned counsel for the petitioner and learned Additional Public Prosecutor for the State.

This application for regular bail arises out of Sarsi P.S. Case No. 27 of 2021, disclosing offence punishable under Sections 302/34 of the Indian Penal Code.

Learned counsel appearing on behalf of the petitioner appears to be correct in his submission that there is no allegation of assault against the petitioner and the allegation of assault is only against the petitioner's husband, Upendra Sah. It is alleged against the petitioner that she was using abusive language at the time of occurrence. The petitioner is in custody since 14.03.2021.

Considering the fact that there is no allegation of

Patna High Court CR. MISC. No.63686 of 2021(2) dt.07-04-2022 2/2 assault against this petitioner nor there is any allegation of active participation in commission of the offence, a case for grant of regular bail is made out. Accordingly, this application is allowed.

Let the petitioner, above-named, be released on bail on furnishing bail bonds of Rs. 10,000/- (Rupees Ten Thousand Only), with two sureties of the like amount, each to the satisfaction of learned Additional District and Sessions Judge X, Purnea in Sirsa P.S. Case No. 27 of 2021.

(Chakradhari Sharan Singh, J) K.K.RAO/- U T