Neetu Devi @ Nitu Devi v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.67537 of 2024 Arising Out of PS. Case No.-55 Year-2024 Thana- Chhaudahi District- Begusarai ====================================================== Neetu Devi @ Nitu Devi Wife of Rohit Kr. Sahu, Resident of Village - Sekhatola Ekamba Ward No. 4, P.S. - Chhaurahi, District - Begusarai. ... ... Petitioner

Versus

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

For the Petitioner/s :

Mr. Sunil Kumar Yadav, Advocate For the Opposite Party/s :

Mr. Dilip Kumar No. 1, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE RAJESH KUMAR VERMA ORAL ORDER 03-10-2024 Heard Mr. Sunil Kumar Yadav, the learned counsel for the petitioner and Mr. Dilip Kumar No. 1, the learned Additional Public Prosecutor for the State.

2.

The petitioner is apprehending her arrest in connection with Chhaurahi PS Case No. 55 of 2024, FIR dated 03.06.2024, registered for the offences punishable under Sections 341, 323, 307, 379, 354(B), 448 and 506 read with Section 34 of the Indian Penal Code.

3.

According to the prosecution case, Rohit Kumar Sahu and his family members were making a wall on the Government land due to which way of informant and other villagers was getting closed and when informant's husband objected to the same, the co-accused persons assaulted the informant and his family members. It is further alleged that they

2/4 snatched golden chain and cash of Rs. 1,000/- (Rupees one thousand only) from informant's side and threatened them with dire consequences. It is further alleged that the co-accused persons again came at the house of informant and misbehaved with informant and looted Rs. 20,000/- (Rupees twenty thousand only) and three bhari gold jewelry and 25 bhari silver jewelry.

4.

Learned counsel for the petitioner submits that petitioner has clean antecedent and she has falsely been implicated in the present case and due to admitted land dispute the present occurrence has taken place. He further submits that upon perusal of the FIR, it appears that petitioner is named in the FIR and there is specific allegation against the petitioner and other co-accused persons that they have assaulted to the informant and her family members and although informant's husband has received the injury, but injury report of informant's husband suggests that injury is simple in nature. 5.

The learned Additional Public Prosecutor for the State on the other hand has vehemently opposed the prayer for bail of the petitioner.

6.

Considering the aforesaid facts and circumstances and mainly the facts that petitioner has clean antecedent and

3/4 injury inflicted upon the injured person is found to be simple in nature, let the petitioner, above-named, in the event of her arrest or surrender before the learned trial Court, within a period of four weeks from the date of receipt of the order, be released on anticipatory bail on furnishing bail bond of Rs. 10,000/- (Ten Thousand) with two sureties of the like amount each to the satisfaction of the learned Sub-Divisional Judicial Magistrate, Begusarai, where the case is pending in connection with Chhaurahi PS Case No. 55 of 2024, subject to the conditions as laid down under Section 438(2) of the Cr.P.C. and also the following conditions:

(i). Petitioner shall co-operate in the trial and shall be properly represented on each and every date fixed by the learned trial Court and shall remain physically present as directed by the learned trial Court and on her absence on two consecutive dates without sufficient reason, her bail bond shall be cancelled by the learned trial Court.

(ii). If the petitioner tampers with the evidence or the witnesses, in that case, the prosecution will be at liberty to move for cancellation of bail.

(iii). And further condition that the learned trial Court shall verify the criminal antecedent of the petitioner and

4/4 in case, at any stage, it is found that the petitioner has concealed her criminal antecedent, the learned trial Court shall take step for cancellation of bail bond of the petitioner. However, the acceptance of bail bonds in terms of the above-mentioned order shall not be delayed for purpose of or in the name of verification.

(Rajesh Kumar Verma, J) Shahnawaz/- U T