Nirmala Devi v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.85277 of 2023 Arising Out of PS. Case No.-36 Year-2023 Thana- PIPRAHI District- Sheohar ====================================================== Nirmala Devi, Wife Of Vijay Kumar Singh, Resident Of Village- Indrawa Khurd, Ps- Piprahi, Distt- Sheohar ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Ms. Madhubala Verma, Advocate For the Opposite Party/s :
Mr. Shailendra Kumar, Advocate ====================================================== CORAM: HONOURABLE MR. JUSTICE HARISH KUMAR ORAL ORDER 18-01-2024 Heard Mr. Madhubala Verma, learned counsel appearing on behalf of the petitioner and the learned Additional Public Prosecutor for the State.
2. The petitioner apprehends her arrest in connection with Piprahi P.S. Case No. 36 of 2023, registered for the offences punishable under Sections 341, 342, 323, 324, 307, 504, 506/34 of the Indian Penal Code.
3. It is alleged that while the son of the informant was on morning walk, he was abducted by co-accused Vijay Kumar Singh, Tripit Singh and the petitioner alongwith other accused persons. Having come to know about the same, when the informant reached to the place of occurrence, whereupon the coaccused Vijay Kumar Singh made exhortation to kill his son, whereupon all the accused persons brutally assaulted him. It is
Patna High Court CR. MISC. No.85277 of 2023(2) dt.18-01-2024 2/3 further alleged that when the informant went to his rescue, coaccused Deepak Kumar Singh also assaulted him by means of iron rod. The allegation against the petitioner is of assaulting the son of the informant by means of brick.
4. Learned counsel appearing on behalf of the petitioner submits that in fact on account of some dispute, the name of all the family members have been implicated in this case, though the petitioner is a lady having no concern with the alleged occurrence. Moreover, co-accused Deepak Kumar against whom there is allegation that he assaulted the informant by means of iron rod, he has been allowed the privilege of anticipatory bail by learned Co-ordinate Bench of this Court in Criminal Misc. No. 32271 of 2023, vide order dated 11.09.2023. She lastly submits that the petitioner is a lady having fair antecedent and she undertakes that she will fully co-operate in the investigation or in the proceeding of the Court.
5. On the other hand, learned counsel for the State opposed the pre-arrest bail application.
6. Regard being had to the submissions made on behalf of the parties and considering the fact that co-accused person against whom there is allegation of assault by means of iron rod, he has been allowed the privilege of anticipatory bail,
Patna High Court CR. MISC. No.85277 of 2023(2) dt.18-01-2024 3/3 and the petitioner is lady having fair antecedent, let the petitioner above named be released on bail, in the event of her arrest or surrender before the court below within a period of four weeks from the date of receipt/production of a copy of this order, upon furnishing bail bonds of Rs.10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of the learned Judicial Magistrate, 1st Class, Sheohar in connection with Piprahi P.S. Case No. 36 of 2023, subject to the conditions laid down in Section 438(2) Cr.P.C. with the further condition that one of the bailors shall be the own/close family members of the petitioner.
(Harish Kumar, J) supratim/- U T