Neelam Devi v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.65377 of 2025 Arising Out of PS. Case No.-146 Year-2025 Thana- SANDESH District- Bhojpur ====================================================== Neelam Devi W/o Mr. Pintu Prasad R/O Vill.- Kori, P.S.- Sandesh, Dist.- Bhojpur.

... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Ajay Kumar Thakur Mrs.Vaishnavi Singh Mr.Ritwik Thakur For the Opposite Party/s :

Mr.Ram Bilash Roy Raman ====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH ORAL ORDER 11-11-2025 Heard learned counsel for the petitioner and learned A.P.P for the State.

2. The petitioner seeks bail in a case registered for the offence punishable under Section 103(1) of the Bharatiya Nyaya Sanhita, 2023.

3. The allegation against the petitioner is that she pulled an iron ladder while Malti Devi was climbing it to go to the roof for the purpose of spreading wheat, as a result of which Malti Devi fell down, and thereafter, the petitioner assaulted her with a lodha (stone slab) causing her death.

4. Learned counsel for the petitioner submits that the petitioner is the daughter-in-law of the deceased, and the informant is the married nanad (sister-in-law) of the petitioner.

Patna High Court CR. MISC. No.65377 of 2025(3) dt.11-11-2025 2/3 As a matter of fact, the deceased, who was the mother-in-law of the petitioner, died due to injuries sustained from a fall, and taking advantage of the same, this false case has been lodged by the informant. The informant is not an eye-witness of the occurrence. She resides in her matrimonial home in the district of Bhojpur. Neither in the FIR nor during the course of investigation has she claimed that she was at her naihar (parental home) on the alleged date of occurrence. Learned counsel for the petitioner further submits that from the postmortem report it is apparent that only there is redness over chest of the deceased. Petitioner is a lady and claims clean antecedent. She is in custody since 03.07.2025.

5. Learned APP however, vehemently opposes the prayer for bail and submits that there is specific allegation against this petitioner that she brutally assaulted Malti Devi with Lodha which resulted into death of the deceased. Postmortem report goes to show that there was multiple ribs fracture, cervical spine fracture. The cause of death opined by the doctor is "Foul play" suspected. Viscera sent for forensic analysis.

6. Considering the nature of accusation, I am not inclined to enlarge the petitioner above-named on bail in

Patna High Court CR. MISC. No.65377 of 2025(3) dt.11-11-2025 3/3 connection with Sandesh PS Case No. 146 of 2025 pending in the Court of learned Chief Judicial Magistrate, Bhojpur at Ara. Accordingly, the same is rejected.

(Prabhat Kumar Singh, J) vinita/- U