Nibha Devi v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.271 of 2024 Arising Out of PS. Case No.-190 Year-2023 Thana- BHARGAMA District- Araria ====================================================== NIBHA DEVI W/o Santosh Kumar Yadav @ Santosh Yadav R/o villageRaghunathpur ward no.14, P.S-Bhargama, District-Araria. ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr.Ashwani Kumar For the Opposite Party/s :
Mr.Ram Sumiran Rai For the Informamt :
Mr. Bijendra Kumar Singh, Adv Mr. Kumar Malendu, Adv ====================================================== CORAM: HONOURABLE MR. JUSTICE DR. ANSHUMAN ORAL ORDER 10-04-2024 Heard learned counsel for the petitioner and learned A.P.P. for the State.
2. The petitioner seeks regular bail in connection with Bhargama P.S. Case No. 190 of 2023 registered on 16.07.2023 under Sections 147, 148, 149, 341, 323, 324, 325, 326, 307, 302, 504, 506, 120B of the I.P.C. and Section 27 of the Arms Act.
3. As per the prosecution case, F.I.R. has been lodged against 17 named accused persons and 7-8 unknown accused persons including the present petitioner against whom there is an allegation of firing indiscriminately due to which two persons have died.
4. Counsel further submits that petitioner is innocent
Patna High Court CR. MISC. No.271 of 2024(4) dt.10-04-2024 2/3 and has committed no offence. He further submits that petitioner is in custody since 17.07.2023 having no criminal case pending against him. Counsel further submits that petitioner is aged about 30 years and she is named accused. Counsel for the petitioner submits that the specific allegation upon the petitioner is that she has assaulted one Bajrangi Yadav due to which her leg was fractured. Counsel submits that death of two other persons have been caused in the alleged incident of indiscriminate firing but there is no allegation of firing against the petitioner.
5. Learned counsel for the State opposes the prayer for bail.
6. Learned counsel for informant vehemently opposes the prayer for bail and submits that in the present case two persons have been killed and petitioner is active participant in the commission of the crime.
7. In the present facts and circumstances of this case and the submissions made above, let the petitioner above named, be granted bail on furnishing bail bonds of Rs.30,000/- (Rupees Thirty thousand) with two sureties of the like amount each to the satisfaction of learned Judicial Magistrate, 1st Class, Araria in connection with Bhargama P.S. Case No. 190 of 2023,
Patna High Court CR. MISC. No.271 of 2024(4) dt.10-04-2024 3/3 subject to the following conditions as well as the conditions laid down under Section 437 (3) of the Cr.P.C.
(Dr. Anshuman, J) Sunnykr/- U