Nirmala Devi v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.86323 of 2023 Arising Out of PS. Case No.-436 Year-2022 Thana- NARPATGANJ District- Araria ====================================================== Nirmala Devi Wife Of Umesh Yadav Resident Of Village- Fatehpur, P.S.- Narpatglanj, District- Araria ... ... Petitioner/S

Versus

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

For the Petitioner/s :

Mr.Kundan Kumar Singh For the Opposite Party/s :

Mr.Yogendra Kumar Singh ====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL KUMAR PANWAR ORAL ORDER 11-01-2024 Heard learned counsel for the petitioner and learned APP for the State.

The petitioner has filed the instant application for grant of regular bail in a case registered for the offences punishable under Sections 302/34 of the Indian Penal Code.

Prosecution case in nutshell is that neighbor of the petitioner ie. co-accused Umesh Yadav removed the Taati from the door of informant and when the wife of informant raised objection, co-accused Umesh Yadav started abusing and assaulting her. It is further submitted that petitioner along with other co-accused

Patna High Court CR. MISC. No.86323 of 2023(2) dt.11-01-2024 2/3 persons came there and started assaulting her by means of lathi, danda and fist and put rope around her neck and hanged her due to which she succumbed to injuries. It is submitted by learned counsel for the petitioner that the petitioner is innocent and he has falsely been implicated in the present case. There is general and omnibus allegation against the petitioner and the specific allegation of assaulting is levelled against co-accused Umesh Yadav. It is further submitted that the deceased herself committed suicide by hanging herself. In the postmortem report, no any external injury has been found. Moreover, the petitioner is languishing in judicial custody since 04.05.2023. A statement has been made in para 3 of the petition that petitioner has no criminal antecedent.

Learned APP appearing for the State has vehemently opposed the prayer for Bail.

Having heard learned counsel for the parties and taking into consideration the facts and

Patna High Court CR. MISC. No.86323 of 2023(2) dt.11-01-2024 3/3 circumstances of the case, petitioner being a lady as well as period of custody, this Court is inclined to enlarge the petitioner on bail. The above named petitioner is directed to be enlarged on bail in connection with Narpatganj P.S. Case No. 436 of 2022 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 Chief Judicial Magistrate, Araria.

(Sunil Kumar Panwar, J) Nirajkrs/- U T