Patna High CourtCR. MISC./58037/2025bail granted

Manju Devi v. The State Of Bihar

2025-08-27Mr. Justice Arun Kumar Jha3 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.58037 of 2025 Arising Out of PS. Case No.-182 Year-2025 Thana- SHASTRINAGAR District- Patna ====================================================== Manju Devi W/o Lalbabu Singh, R/o Khuriyal, P.S.- Azamnagar, DistrictPatna. ... ... Petitioner

Versus

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

For the Petitioner/s :

Mr. Mithlesh Kumar Gupta, Advocate For the Opposite Party/s :

Mr. Jitendra Kumar Singh, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE ARUN KUMAR JHA ORAL ORDER 27-08-2025 Heard learned counsel for the petitioner and learned A.P.P. for the State.

2. In the present case, the petitioner seeks bail in connection with Shashtrinagar P.S. Case No. 182 of 2025 dated 15.03.2025, registered for the offences punishable under Sections 103(1) and 61(2) read with Section 3(5) of the BNS.

3. As per the prosecution case, petitioner and other co-accused persons abused the brother of the informant and the informant pacified the matter and went to his neighbour's house for playing Holi. Thereafter, the petitioner, who is the aunt of the informant, and co-accused persons who are cousins of the informant, again started the altercation with the brother of the informant and co-accused Vishal Kumar threw brick on the head of the brother of the informant who sustained injury and fell down in a well. He was taken out from the well and taken to treatment to

Patna High Court CR. MISC. No.58037 of 2025(2) dt.27-08-2025 2/3 IGIMS, where he was declared dead during treatment.

4. Learned counsel appearing on behalf of the petitioner submits that petitioner is innocent and she has falsely been implicated in the present case. The petitioner is an old lady aged about 70 years and she has falsely been implicated by the informant due to property dispute. The petitioner is the own aunt of the informant. After death of the mother of the informant, petitioner has brought up the informant and his brother and it is not believable that she would be involved in killing the brother of the informant. In fact, the deceased was an alcoholic and on the occasion of Holi, he consumed liquor and in the state of intoxication he fell down and died. The post-mortem report shows the brother of the informant died due to sinking and not due to brick injury. Learned counsel next submits that petitioner is having clean antecedent and chargesheet has been submitted in this case. Learned counsel lastly submits that petitioner is in custody since 16.03.2025.

5. Learned A.P.P. appearing on behalf of the State opposes the submission made on behalf of the petitioner.

6. Having regard to the facts and circumstances and submissions made on behalf of the parties and considering the fact that there is no specific allegation of any assault levelled agaisnt this petitioner and the specific allegation of assault is levelled

Patna High Court CR. MISC. No.58037 of 2025(2) dt.27-08-2025 3/3 against Vishal Kumar @ Chhotu who threw brick on the deceased and also considering the age of the petitioner and her period of custody and further considering the submission of chargesheet in the present case, the petitioner, above-named, is directed to 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 Sessions Judge-V, Patna / concerned Court, in connection with Shashtrinagar P.S. Case No. 182 of 2025, subject to the condition laid down under Section 480(3) of the B.N.S.S. and other following conditions: (i) One of the bailors will be a close relative of the petitioner.

(ii) The petitioner will remain present on each and every date fixed by the court below, if so required by the learned trial Court.

(iii) In case of non-appearance of the petitioner on single date or in violation of the terms of the bail, the bail bond of the petitioner will be liable to be cancelled by the Court concerned.

(Arun Kumar Jha, J) Shahnawaz/- U T