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Patna High CourtCR. MISC./84082/2025bail granted

Doli Devi v. The State Of Bihar

2025-12-09Mr. Justice Arun Kumar Jha3 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.84082 of 2025 Arising Out of PS. Case No.-339 Year-2025 Thana- NAUGACHIA District- Bhagalpur ====================================================== Doli Devi Wife of Lala Yadav, Resident of Village- Dhobiniya, P.S.- Naugachia and District- Bhagalpur.

... ... Petitioner

Versus

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

For the Petitioner/s :

Mr. Sanjeev Verma, Advocate For the Opposite Party/s :

Mr. Manoj Kumar, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE ARUN KUMAR JHA ORAL ORDER 09-12-2025 Heard learned counsel for the petitioner and learned A.P.P. for the State.

2. In the present case, the petitioner seeks bail in connection with Naugachia P.S. Case No. 339 of 2025 dated 07.10.2025, registered for the offences punishable under Sections 191(2), 191(3), 190, 126(2), 115(2), 109(1) and 352 of the B.N.S., 2023 and Section 27 of the Arms Act.

3. As per the prosecution case, the co-accused brother of the informant and others opened fire on the children of the informant. The informant reached his house on receiving this information. Thereafter, a panchayti was to be held. But, the petitioner and other co-accused persons armed with lathi and danda and fire-arms came there. The co-accused persons opened fire on the informant, his son and his nephew and the son of the informant received injury in the hands of co-accused Lala Yadav. Other co-accused persons also abused and assaulted the informant

Patna High Court CR. MISC. No.84082 of 2025(2) dt.09-12-2025 2/3 and his family members.

4. Learned counsel appearing on behalf of the petitioner submits that petitioner is a lady and there is no specific allegation of assault against the petitioner. The petitioner was present in her house when Police arrived and took her to the Police Station on the pretext of interrogation. The petitioner never tried to escape. The informant and co-accused are full brothers and petitioner is the sister-in-law of the informant and admittedly, there is old land dispute between the parties. The petitioner was not even present at the spot and no question arises for her participation in the alleged occurrence. The injury report is itself suspicious as the date of examination of the victim was 07.10.2025, whereas the injury report has been issued on 10.11.2025.

The victims were not taken to Government hospital and it shows informant and Police are in collusion. There is no independent witnesses to support the case of the prosecution. Learned counsel next submits that petitioner is a lady having absolutely fair and clean antecedent. Learned counsel lastly submits that petitioner is in custody since 08.10.2025.

5. Learned A.P.P. appearing on behalf of the State opposes the submission made on behalf of the petitioner.

6. Having regard to the facts and circumstances and submissions made on behalf of the parties and considering the fact

Patna High Court CR. MISC. No.84082 of 2025(2) dt.09-12-2025 3/3 that petitioner is a lady and there is no specific over act attributed to the petitioner and further considering her clean antecedent and her period of custody, the petitioner, above-named, is directed to be released on bail, on furnishing bail bonds of Rs.10,000/- (Rupees Ten Thousand Only) with two sureties of the like amount each to the satisfaction of learned Additional Chief Judicial Magistrate-I, Naugachia (Bhagalpur) / concerned Court, in connection with Naugachia P.S. Case No. 339 of 2025, subject to the condition laid down under Section 480(3) of the B.N.S.S. 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.

(iii) In case of non-appearance of the petitioner on single date or in violation of the terms of the bail, the bail bond of the petitioner will be liable to be cancelled by the Court concerned.

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