Radha Devi @ Param Devi v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.76832 of 2025 Arising Out of PS. Case No.-227 Year-2025 Thana- LADANIA District- Madhubani ====================================================== Radha Devi @ Param Devi Wife of Birju Sah @ Birju Ram R/O VillSonapur, Ward No.05, P.S - Ladaniya, District - Madhubani ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Sanjay Kumar Jha For the Opposite Party/s :

Mr.Lalan Kumar ====================================================== CORAM: HONOURABLE JUSTICE SMT. SONI SHRIVASTAVA ORAL ORDER 27-11-2025 Heard learned counsel for the petitioner, learned counsel for the informant and learned Additional Public Prosecutor for the State.

2. The petitioner is apprehending her arrest in a case registered for the offence punishable under Sections 316, 318, 338, 336, 340 of the B.N.S.

3. Allegation in the first information report is that the petitioner along with her husband had made forged certificate of Adhar Card in order to take advantage of Government of India scheme whereas, they were residents of Nepal.

4. Learned counsel for the petitioner submits that the informant is the neighbor of the petitioner who has filed the present case on account of previous enmity as the petitioner had earlier filed a case against him under the SC/ST Act being SC/ST P.S. Case No. 30 of 2025 (Annexure-5). It is submitted

Patna High Court CR. MISC. No.76832 of 2025(2) dt.27-11-2025 2/3 that the petitioner actually belonged to the scheduled caste community but since she was a resident of Nepal, the same could not have been prepared in India yet on account of some ignorance the said act was done and as a matter of fact, the Circle Officer has already cancelled the said caste certificate vide memo no. 629 dated 24.05.2025, hence the petitioner has not been able to take advantage of any Government of India scheme. Further, the petitioner has no criminal antecedent and her husband Birju Sah is already in custody.

5. Learned APP for the State and learned counsel for the informant have opposed the application for bail of the petitioner on the grounds mentioned in the first information report.

6. Taking into consideration the facts and circumstances and also considering the fact that it was on account of some ignorance that the petitioner had indulged in making of the caste certificate and also considering that the same has already been cancelled, let the above named petitioner, who has no criminal antecedent, in the event of her arrest or surrender before the learned Court below within a period of four weeks from today, be enlarged on bail on furnishing bail bond of Rs.10,000/- (Rupees Ten Thousand) with two sureties of the like amount each to the satisfaction of the learned court below where the case is pending/successor court in connection with

Patna High Court CR. MISC. No.76832 of 2025(2) dt.27-11-2025 3/3 Ladaniya P.S. Case No. 227 of 2025, subject to the condition as laid down under Section 438 (2) of the Cr.P.C./482(2) of the B.N.S.S.

(Soni Shrivastava, J) devendra/- U T