Naina Devi v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.70373 of 2025 Arising Out of PS. Case No.-48 Year-2025 Thana- PIPRA District- Supaul ====================================================== Naina Devi W/O Suresh Tanti @ Suresh Taati @ Suresh Das Resident of Village- Tulapatti, P.S.- Pipra, Dist.- Supaul ... ... Petitioner
Versus
The State of Bihar ... ... Opposite Party ====================================================== Appearance :
For the Petitioner/s :
Mr. Kamal Kishore Singh, Advocate For the Opposite Party/s :
Mr. Nagendra Prasad, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE ARUN KUMAR JHA ORAL ORDER 09-10-2025 Heard learned counsel for the petitioner and learned A.P.P. for the State.
2. In the present case, the petitioner seeks bail in connection with Pipra P.S. Case No. 48 of 2025, registered for the offences under Sections 191(2), 115(2), 109, 126(2), 3(5) of the Bharatiya Nyaya Sanhita, 2023.
3. As per the prosecution case, the son of the informant left his house to attend some function in relation. The informant alleged that the petitioner and other co-accused person brutally assaulted his son and he was taken to hospital from where police informed the younger son of the informant. Subsequently, the son of the informant died while undergoing treatment in the hospital.
4. Learned counsel appearing on behalf of the
Patna High Court CR. MISC. No.70373 of 2025(2) dt.09-10-2025 2/3 petitioner submits that petitioner is innocent and has been falsely implicated in this case. The petitioner has no role in the death of the son of the informant. The alleged occurrence took place on 18.02.2025 but the FIR was lodged on 22.02.2025 and there is no explanation of this delay of four days in lodging the FIR. There is no eye-witness to the alleged occurrence. The witnesses are hearsay witnesses and even they have not supported the prosecution case. There is no specific allegation of assault of causing injury to the petitioner and no motive has been shown as to why the petitioner will participate in such type of occurrence. The petitioner has no criminal antecedent and is in custody since 23.02.2025. The charge-sheet has been submitted.
5. Learned A.P.P. appearing for the State opposes the submission made on behalf of the petitioner and submits that the allegation against the petitioner and co-accused persons is of assaulting the son of the informant who later on succumbed to his injuries.
6. Having regard to the fact and circumstances and submission made on behalf of the parties and considering that the petitioner is a lady and further considering the remoteness of allegation and submission of charge-sheet, period of custody
Patna High Court CR. MISC. No.70373 of 2025(2) dt.09-10-2025 3/3 and her clean antecedent, the petitioner is directed to be released on bail, on furnishing bail bonds of Rs.10,000/- (Rupees Ten Thousand Only) each with two sureties of the like amount each to the satisfaction of learned Chief Judicial Magistrate, Supaul in connection with Pipra P.S. Case No. 48 of 2025, subject to the condition laid down under Section 480(3) of the BNSS and other following conditions:
(i) One of the bailors will be a close relative of the petitioner.
(ii) The petitioner will remain present on each and every date fixed by the court below, if so required by the learned trial court.
(iii) In case of absence on three consecutive dates or in violation of the terms of the bail, the bail bond of the petitioner will be liable to be cancelled by the court concerned.
(Arun Kumar Jha, J) Siddharth Soni/- U T