Nirmala Devi v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.85687 of 2023 Arising Out of PS. Case No.-120 Year-2023 Thana- LAUKAHA District- Madhubani ====================================================== Nirmala Devi, wife of Jiten Sah @ Jitendra Sahu, Village- Bhajnaha PsLaukaha Dist- Madhubani ... ... Petitioner/s

Versus

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

For the Petitioner/s :

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

Mr. Shyam Kumar Singh, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE ARUN KUMAR JHA ORAL ORDER 18-01-2024 Heard learned counsel for the petitioner and learned APP for the State.

2. In this case, the petitioner is apprehending her arrest in connection with Laukaha P.S. Case No. 120 of 2023, registered on 15.05.2023 for the offences under Sections 341, 342, 323, 354, 324, 307, 379 and 504/34 of the Indian Penal Code.

3. As per prosecution case, in the background of land dispute, the petitioner and other co-accused persons assaulted the family members of the informant causing a number of injuries to them.

4. Learned counsel for the petitioner submits that the petitioner is innocent and has been falsely implicated in

Patna High Court CR. MISC. No.85687 of 2023(2) dt.18-01-2024 2/3 this case. Petitioner has not committed any offence. Petitioner is a lady and she has been falsely implicated in this case. From perusal of the FIR, it is apparent that there is general and omnibus allegation against the petitioner along with other co-accused persons and no specific overt act has been attributed to the petitioner. Even on the alleged date of occurrence, petitioner was not present at the spot. There is admitted land dispute and in order to grab the land of the petitioner, this false case has been lodged. Petitioner is having clean antecedent.

5. Learned APP opposes the prayer for bail.

6. Having regard to the facts and circumstances and submissions made on behalf of the parties and considering the fact that the petitioner is lady coupled with vague nature of allegation and also considering the strong possibility of false implication, let the petitioner above named, in the event of her arrest or surrender before the court concerned within a period of eight weeks from today, be released on bail, on furnishing bail bonds of Rs. 20,000/- (Rupees Twenty Thousand Only) with two sureties of the like amount each to the satisfaction of learned SDJM, Jhanjharpur, Madhubani/court concerned in connection with Laukaha P.S. Case No. 120 of 2023, subject

Patna High Court CR. MISC. No.85687 of 2023(2) dt.18-01-2024 3/3 to the conditions as laid down under Section 438(2) of the Code of Criminal Procedure and other following conditions: (i) One of the bailors will be a close relative of the petitioner.

(ii) The petitioner will remain present on each and every date fixed by the court below, if so required by the learned trial court.

(Arun Kumar Jha, J) balmukund/- U T