Meena Devi v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.83166 of 2024 Arising Out of PS. Case No.-647 Year-2024 Thana- GOPALGANJ TOWN DistrictGopalganj ====================================================== Meena Devi W/o Late Baharam Ram @ Ramesh Ram Resident of Basdila Bazar, P.S. and Distt - Gopalganj ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Shiv Sager Sharma, Advocate For the Informant :

Mr. Jitendra Kumar Singh, Advocate For the Opposite Party/s :

Ms. Anita Kumari, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE SHAILENDRA SINGH ORAL ORDER 04-12-2024 Heard Mr. Shiv Sager Sharma, learned counsel for the Petitioner, Mr. Jitendra Kumar Singh, learned counsel for the informant and Ms. Anita Kumari, learned APP for the State.

2. Petitioner seeks regular bail in connection with Gopalganj P.S. Case No. 647 of 2024 dated 08.09.2024 registered for the offences punishable under Sections 126(2), 103(1), 115(2), 118(1), 352 and 3(5) of the Bharatiya Nyaya Sanhita, 2023 (in short 'BNS').

3. The main submissions advanced by learned counsel appearing for the petitioner are that the petitioner is a fifty year old lady and has been languishing in jail since 09.09.2024 and there is no serious allegation against her in the FIR, as per the prosecution story, this petitioner and other co-accused persons

Patna High Court CR. MISC. No.83166 of 2024(2) dt.04-12-2024 2/3 armed with sword, daab, lathi and katta firstly entered into the land of the informant and started cutting the banana tree and when informant's husband (deceased) forbade the accused from cutting the banana tree and then the co-accused Vishwajeet Ram and Shatrughna Ram assaulted the informant's husband by using sword and iron rod respectively which resulted in death of the informant's husband during the course of treatment but in the said occurrence particularly, with regard to assaulting the informant's husband, no role of this petitioner has been revealed and in the last part of the occurrence which relates to the assault of other family members of the informant, the petitioner is not alleged to have participated with the other co-accused persons and accordingly, there is no serious allegation against this petitioner except being present with the co-accused persons and taking part in cutting the banana tree.

4. Mr. Jitendra Kumar Singh, learned counsel appearing for the informant has opposed the bail prayer of this petitioner but fairly accepted that the main allegation is against the co-accused, Shatrughna Ram and Vishwajeet Ram.

5. Considering the above submissions and mainly the nature of allegation appearing against this petitioner coupled with her custody period and the completion of investigation

Patna High Court CR. MISC. No.83166 of 2024(2) dt.04-12-2024 3/3 against her, this Court is inclined to accept the prayer for bail of the petitioner. Accordingly, let the petitioner named-above be enlarged on bail on furnishing bail bond of Rs. 20,000/- (Rupees Twenty Thousand) with two sureties of the like amount each to the satisfaction of the concerned Court in connection with Gopalganj P.S. Case No. 647 of 2024.

(Shailendra Singh, J) maynaz/- U T