Patna High CourtCR. MISC./56617/2025bail granted

Nila Devi @ Lila Devi v. The State Of Bihar

2025-09-09Mr. Justice Rajiv Roy3 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.56617 of 2025 Arising Out of PS. Case No.-244 Year-2025 Thana- NAUTAN District- West Champaran ====================================================== Nila Devi @ Lila Devi W/O Motilal Sah R/O Village- Gahiri Kothi, P.SNautan, Distt.- West Champaran. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Sarvesh Kashyap, Advocate For the Opposite Party/s :

Mr.Abhay Kumar, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE RAJIV ROY ORAL ORDER 09-09-2025 Heard learned counsel for the petitioner, the State and the informant.

2. The petitioner is apprehending arrest in connection with Nautan P.S. Case No. 244 of 2025 instituted under Sections 126(2), 115(2), 109, 303(2), 324, 3(5) of the Bhartiya Nayay Sanhita, 2023 lodged on 01.06.2025 by the informant, Harilal Sah.

3. As per the prosecution story, the informant alleged that on 19.05.2025 in the night, on issue of construction of a house, assault took place. The allegation is that Ravi Kumar and Nila Devi (petitioner herein) came with iron rod while Ravi Kumar assaulted the informant, this lady assaulted Pramila Devi. Accordingly, the FIR.

4. Learned counsel for the petitioner submits that

Patna High Court CR. MISC. No.56617 of 2025(2) dt.09-09-2025 2/3 there is case and counter case, both sides have suffered injuries, the injury of Pramila Devi has been found to be simple in nature.

5. Learned counsel for the informant on the other hand opposes the prayer submitting that the allegation of assault is on this petitioner.

6. Considering the submissions of the parties as also the fact that there is case and counter case, injuries are there, injury of Pramila Devi has been found to be simple in nature, in that background, this Court is inclined to extend her the privilege of anticipatory bail.

7. Let the petitioner be released on bail, in the event of his arrest or surrender before the subordinate court within a period of four weeks from the receipt of this order, on furnishing bail bond of Rs. 10,000/- (Ten Thousand) with two sureties of the like amount each in connection with Nautan P.S. Case No. 244 of 2025 to the satisfaction of learned S.D.J.M., Bettiah, West Champaran, subject to the conditions as laid down under Section 438(2) of the Cr.P.C. as also the other conditions. (i) one of the bailor should be the family member/relative of the petitioner who shall provide official document to show his/her bona fide;

Patna High Court CR. MISC. No.56617 of 2025(2) dt.09-09-2025 3/3 (ii) the petitioner shall appear on each and every date before the Trial Court and failure to do so for two consecutive dates without plausible reason will entail cancellation of her bail bond by the Trial Court itself;

(iii) the petitioner shall co-operate in the investigation and make himself available to the police as and when required; (iv) the petitioner shall in no way try to induce or promise or threat the witnesses or tamper with the evidences, failing which the State shall be at liberty to take steps for cancellation of the bail bonds;

(v) the petitioner shall desist from committing any criminal offence again, failing which the State shall be at liberty to take steps for cancellation of her bail bonds. (Rajiv Roy, J) Ravi/- U T