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2025 DAILYLAW 12430 (PAT)

Nirmala Devi v. The State of Bihar

CR. MISC./5901/2025 · 2025-02-25

Prabhat Kumar Singh

body2025

Judgment text

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IN THE HIGH COURT OF JUDICATURE AT PATNA CRIMINAL MISCELLANEOUS No.5901 of 2025 Arising Out of PS. Case No.-315 Year-2024 Thana- NAUTAN District- West Champaran ====================================================== 1. Nirmala Devi W/O Dinanath Sah R/O Budhwaliya, P.S.- Nautan, District- West Champaran 2. Sarswati Devi W/O Ramji Sah R/O Budhwaliya, P.S.- Nautan, District- West Champaran 3. Akash Kumar S/O Dinanath Sah R/O Budhwaliya, P.S.- Nautan, District- West Champaran ... ... Petitioner/s Versus The State of Bihar ... ... Opposite Party/s ====================================================== Appearance : For the Petitioner/s : Mr. Bimlesh Kumar Pandey, Advocate For the Opposite Party/s : Mr. Akshay Lal Pandit, A.P.P. For the Informant : Ms. Swarnima, Advocate Mr. Adesh Raj, Advocate ====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH ORAL ORDER 3 25-02-2025 Heard learned counsel for the petitioners, informant and the State. 2. Petitioners apprehend arrest in a case registered for the offences punishable under Sections 191(2), 190, 126(2), 127(2), 115(2), 118(1), 109, 103, 352, 351(2) of the Bharatiya Nyaya Sanhita. 3. As per F.I.R., all the accused persons including these petitioners assaulted husband of the informant by means of lathi, rod, dabiya as a result of which he, subsequently, died. 4. Learned counsel for the petitioners submits that specific accusation of assault is against co-accused Dinanath Patna High Court CR. MISC. No.5901 of 2025(3) dt.25-02-2025 2/2 Sah and Munna Sah. So far these petitioners are concerned, they are not alleged to be the assailants of the deceased. Both parties are gotiyas and there is admitted land dispute between them. Petitioners claim clean antecedent. 5. Learned A.P.P. for the State as well as learned counsel for the informant vehemently opposed the bail application. 6. Considering the nature of accusation, clean antecedent and other facts and circumstances of the case, this anticipatory bail is allowed and it is ordered that let the above named petitioners in the event of their arrest/surrender before the court below within a period of eight weeks from today, be enlarged on bail on furnishing bail-bond of Rs. 10,000/- (ten thousand) each with two sureties of the like amount each to the satisfaction of Sub-Divisional Judicial Magistrate, Bettiah, West Champaran in connection with Nautan P. S. Case No. 315 of 2024, subject to condition as laid down under Section 482(2) of the Bhartiya Nagarik Suraksha Sanhita, 2023. Navya/- (Prabhat Kumar Singh, J) U T