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Patna High CourtCR. MISC./60855/2025bail granted

Seema Devi v. The State Of Bihar

2025-09-10Mr. Justice Rajiv Roy3 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.60855 of 2025 Arising Out of PS. Case No.-45 Year-2024 Thana- Kumarbagh District- West Champaran ====================================================== Seema Devi W/O Pappu Pandit R/O Village- Chaubey Tola, P.S.- Kumarbagh, District- West Champaran.

... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Bimlesh Kumar Pandey, Advocate For the State :

Mr. Bharat Bhushan, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE RAJIV ROY ORAL ORDER 10-09-2025 Heard Mr. Manoj Kumar, learned counsel for the petitioner and learned APP representing the State.

2. The petitioner is apprehending her arrest in connection with Kumarbagh P.S. Case No. 45 of 2024 registered for the offence under Sections 341, 323, 325, 307, 379 and 34 of the Indian Penal Code, lodged on 04.07.2024 by the informant, Shrikant Pandit.

3. As per the prosecution story, the informant alleged that earlier, a quarrel took place between the agnates, the informant was requested by the accused to participate from his side, upon refusal, infuriated, allegation is that the petitioner alongwith her husband, Bittu Pandit came to the informant's place where Bittu Pandit gave iron rod blow on the head causing injury. Bittu Pandit again hit on the right leg of the informant

Patna High Court CR. MISC. No.60855 of 2025(2) dt.10-09-2025 2/3 causing fracture. This led to the F.I.R.

4. Learned counsel for the petitioner submits that a perusal of the F.I.R. would show that the injury has been attributed to Bittu Pandit though he concede that it has been found to be grievous in nature, the petitioner is a lady having no criminal antecedent.

5. Learned APP, Mr. Bharat Bhushan opposes the prayer submitting that both entered the informant's place though allegation is against Bittu Pandit.

6. Considering the submissions of the parties as also the fact that allegation of assault is on Bittu Pandit, this petitioner is a lady having no criminal antecedent, 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 arrest or surrender 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 like amount each to the satisfaction of learned Judicial Magistrate, 1st Class, Bettiah, in connection with Kumarbagh P.S. Case No. 45 of 2024 subject to the conditions as laid down under Section 438(2) of the Cr.P.C., as also with the following conditions:-

Patna High Court CR. MISC. No.60855 of 2025(2) dt.10-09-2025 3/3 (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;

(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 his/her bail bond by the Trial Court itself;

(iii) 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;

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