Nirmala Devi v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.81381 of 2025 Arising Out of PS. Case No.-67 Year-2025 Thana- PUNAURA District- Sitamarhi ====================================================== Nirmala Devi W/o Vijay Rai @ Tiwari Rai R/o Village - Fatehpur Girmisani, P.S - Punaura, District - Sitamarhi ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr. Hari Kishore Thakur, Adv.
For the Opposite Party/s :
Md. Matloob Rab, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA ORAL ORDER 02-12-2025
1. Heard learned counsel for the petitioner and learned A.P.P. for the State.
2. The petitioner apprehends her arrest in a case registered for the offences punishable under Sections 126(2), 115(2), 109, 303(2), 352 and 3(5) of the BNS, 2023.
3. Learned counsel for the petitioner submits that petitioner is a person with clean antecedent and is a woman and the informant alleges that while he was coming down from his room, when his younger brother Vijay along with named accused persons including the petitioner were waiting for him and all of a sudden started abusing and assaulting him, on alarm his wife came to save him when accused persons assaulted her by an iron rod causing injury on head and eye, further accused persons also assaulted his daughter by rod causing injury on
Patna High Court CR. MISC. No.81381 of 2025(2) dt.02-12-2025 2/3 head, thereafter they kept assaulting his wife and blood started oozing from her mouth, thereafter he took his wife and daughter to the hospital.
4. Learned counsel for the petitioner submits that petitioner has been falsely implicated in the instant case by the informant. It is next submitted that from perusal of the allegation as alleged in the FIR, it would manifest that informant and Vijay are own brothers and petitioner is wife of Vijay. It is next submitted that on account of dispute relating to property in the family, an altercation had taken place in between the brothers when both assaulted each other. It is also submitted that no doubt wife of the informant is alleged to have been assaulted causing injury and the injury suffered by her has been opined to be grievous as her frontal bone got fractured, but then the allegation of assault is not specific. It is submitted that entire family members have been implicated only to coerce Vijay into submission.
5. Learned A.P.P. for the State opposes the prayer for anticipatory bail of the petitioner.
6. Considering the submissions made by the learned counsel for the petitioner and taking into consideraion the fact that petitioner is a woman, the petitioner above-named, in the
Patna High Court CR. MISC. No.81381 of 2025(2) dt.02-12-2025 3/3 event of her arrest or surrender before the learned trial court within a period of six weeks from today, be released on anticipatory bail on furnishing bail bonds of Rs. 10,000/- (Rupees Ten Thousand) with two sureties of the like amount each to the satisfaction of the learned trial court where the case is pending/successor court in connection with Punaura P.S. Case No. 67 of 2025 subject to the conditions as laid down under Section 482 (2) of BNSS.
7. Accordingly, the instant anticipatory bail application stands allowed.
(Satyavrat Verma, J) Rishabh/- U T