Sugva Devi @ Sugaba Devi v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.61714 of 2025 Arising Out of PS. Case No.-8 Year-2024 Thana- HALAI District- Samastipur ====================================================== Sugva Devi @ Sugaba Devi Wife of Bachu Sahni Resident of village - Chaklalsahi, Police Station - Halai, District - Samastipur ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr.Anu Priyadarshni, Advocate For the Opposite Party/s :
Mr.Jitendra Kumar Singh, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE RAJIV ROY ORAL ORDER 28-11-2025 Heard Mr. Anu Priyadarshni, learned counsel for the petitioner and Mr. Jitendra Kumar Singh, learned APP for the State.
2. The petitioner is in judicial custody in connection with Halai P.S. Case No. 08 of 2024 for the offence punishable under Sections 341, 323, 354B, 307, 379, 504, 506 and 34 of the Indian Penal Code lodged on 19.03.2024 by the informant, Kamil Devi.
3. As per the prosecution story, the informant alleged that armed variously, the accused persons abused them and upon objection, assaulted. While allegation against Shivchandra Sahni is of outraging the modesty of the daughter, so far as this
2/4 petitioner is concerned, he is alleged to have given 'Garasa' blow to Sanjeet Sahni, the son of the informant whereafter both were rushed to the hospital where Sanjeet Sahni was admitted in critical condition. This led to the FIR.
4. Learned counsel for the petitioner submits that during investigation, it came to light that it was not the petitioner rather Shivchandra Sahni, her son who gave 'Garasa' blow to him. Further submission is that she do not have criminal antecedent, has remained in custody since 20.03.2024, if granted bail, shall be diligently appearing in trial.
5. In this case, Trial Court Report was called for. According to the report dated 21.11.2025, due to noncooperation of the accused who are on bail, the trial has not moved further.
6. Learned counsel for the petitioner submits that so far as this lady is concerned, she shall be diligently appearing in trial and failure to do so, the Court can take steps for cancellation of the bail bonds.
7. Learned APP opposes the prayer stating that initially the allegation of 'Garasa' blow is on this petitioner.
8. The allegation is there, the petitioner has remained in custody since 20.03.2024, has no criminal antecedent, is a
3/4 lady, in the subsequent investigation, the son has come forward to claim 'Garasa' blow was given by him, an undertaking has been given that she shall be diligently appearing in trial, in that background, this Court is inclined to extend him the privilege of bail with conditions.
9. Let the petitioner be released on bail on furnishing bail bond of Rs. 10,000/- (Ten thousand) with two sureties of like amount each to the satisfaction of learned Additional Chief Judicial Magistrate-III, Samastipur/Successor Court, Samastipur, in connection with Halai P.S. Case No. 08 of 2024 subject to the following conditions:
(i) one of the bailor should be the family member/relative of the petitioner who shall provide official document to show his 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 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;
4/4 (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 his bail bonds. (Rajiv Roy, J) Ravi/- U T