Vijai Devi v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.71106 of 2024 Arising Out of PS. Case No.-215 Year-2024 Thana- MAIRWAN District- Siwan ====================================================== Vijai Devi W/O Shankarji Dubey @ Shanker Dubey R/O Village- Sajna, P.S.- Mairwa, District- Siwan.

... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Raghav Prasad, Adv.

Ms. Urmila Kumari, Adv.

For the Opposite Party/s :

Mr. Shyameshwar Dayal, APP For the Informant/s :

Mr. Ajay Kumar Tiwari, Adv.

====================================================== CORAM: HONOURABLE MR. JUSTICE CHANDRA PRAKASH SINGH ORAL ORDER 25-02-2025 Heard learned counsel for the petitioner and learned APP for the State.

2. The petitioner has preferred this application for grant of regular bail in connection with Mairwa P.S. Case No. 215 of 2024 dated 04.07.2024 registered for the offences punishable under Sections 103(1), 109, 191(2), 190 and 61(2) of the B.N.S.

3. As per the prosecution case, the petitioner and the co-accused persons armed with weapons are alleged to have come to the door of the informant and pushed her husband when the informant's husband tried to run, the petitioner and the coaccused, Tribhuvan Dubey caught him and the co-accused,

Patna High Court CR. MISC. No.71106 of 2024(3) dt.25-02-2025 2/3 Anish Dubey @ Ugrabdi inflicted a blow of tangi on his head due to which he fell down on the ground. On seeing, the informant's son came to rescue he was also assaulted by the coaccused, Tribhuvan Dubey by tangi with the intention to kill him and when the informant came to rescue, the co-accused persons assaulted him with an iron rod. Thereafter, the informant brought her husband and son to hospital where the doctor declared her husband dead.

4. Learned counsel for the petitioner has submitted that the petitioner is innocent and has falsely been implicated in this case. There is a land dispute between the parties. It is further submitted that there is no specific allegation of assault against the petitioner. The petitioner has no concern with the alleged offence. The petitioner has no criminal antecedent as stated in para 3 of the bail petition. The petitioner, who is a lady is in custody since 05.07.2024.

5. Learned A.P.P. for the State has opposed the bail petition of the petitioner.

6. Considering the aforesaid facts and circumstances of the case as well as the period of custody, the petitioner abovenamed, is directed to be enlarged on bail on furnishing bail-bond of Rs.20,000/- (Rupees Twenty Thousand) with two sureties of

Patna High Court CR. MISC. No.71106 of 2024(3) dt.25-02-2025 3/3 the like amount each to the satisfaction of learned Court concerned, Siwan in connection with Mairwa P.S. Case No. 215 of 2024.

7. The application stands allowed.

(Chandra Prakash Singh, J) shivam/- U T