Nirmla Devi v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.82546 of 2024 Arising Out of PS. Case No.-148 Year-2024 Thana- SATHI District- West Champaran ====================================================== Nirmla Devi W/O Rajdeo Dubey Resident of Village - Somgarh, P.SSathi,Dist- West Champaran. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Sanjeev Kumar Shrivastava, Advocate For the Opposite Party/s :

Mr. Kumar Veerendra Narayan, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE ARUN KUMAR JHA ORAL ORDER 04-12-2024 Heard learned counsel for the petitioner and learned APP for the State.

02. In the present case, the petitioner seeks bail in connection with Sathi P.S. Case No. 148 of 2024 registered for the alleged offences under Sections 191(2), 191(3),190, 126(2), 115(2) 118(1), 109, 103(2) of Bharatiya Nyaya Sanhita, 2023.

03. As per prosecution case, at the instigation of petitioner, co-accused persons assaulted the informant and his father with lathi and iron rod, causing injury on the head of the of the informant and death of father of the informant.

04. Learned counsel for the petitioner submits that the petitioner is innocent and has been falsely implicated in this case. Learned counsel further submits that the petitioner is a lady aged about 55 years and there is no allegation of assault

Patna High Court CR. MISC. No.82546 of 2024(2) dt.04-12-2024 2/3 against this petitioner. Only allegation against her is of instigating the other co-accused persons. The petitioner and the informant's side are agnates and there is land dispute between them. The petitioner is in custody since 04.08.2024 and chargesheet has been submitted. The petitioner has got no criminal history.

05. Learned APP for the State opposes the prayer for bail.

06. Having regard to the facts and circumstances and submissions made on behalf of the parties and considering the fact that petitioner is a lady and there is no allegation of assault against the petitioner and further considering the period of custody of the petitioner along with submission of charge-sheet, the petitioner above named is directed to be released on bail on furnishing bail bonds of Rs. 10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of learned Chief Judicial Magistrate, Bettiah, West Champaran in connection with Sathi P.S. Case No. 148 of 2024, subject to the conditions mentioned in Section 437(3) of the Cr.P.C. and the following conditions:

(i) One of the bailors will be a close relative of the petitioner.

Patna High Court CR. MISC. No.82546 of 2024(2) dt.04-12-2024 3/3 (ii) The petitioner will remain present on each and every date fixed by the court below.

(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) Ashish/- U T