Allowed

Nirmla Devi v. The State of Bihar

Patna HC4 Dec 2024CR. MISC./82546/2024

Case brief

AI extract

What is this about?

Bail application by a woman accused of instigating co-accused who assaulted an informant and killed his father in a land dispute. The court noted no allegation of direct assault against her, her custody since August 2024 and submitted charge-sheet, and granted bail with conditions.

What did the court decide?

Petitioner directed to be released on bail on furnishing Rs. 10,000 bond with two sureties to CJM Bettiah, subject to Section 437(3) Cr.P.C. conditions.

Nirmla Devi Vs The State of Bihar — Murder and Culpable Homicide | Patna HC (2024)

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IN THE HIGH COURT OF JUDICATURE AT PATNA CRIMINAL MISCELLANEOUS No.82546 of 2024

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Arising Out of PS. Case No.-148 Year-2024 Thana- SATHI District- West Champaran

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======================================================

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Nirmla Devi W/O Rajdeo Dubey Resident of Village - Somgarh, P.SSathi,Dist- West Champaran.

... ... Petitioner/s

Versus

The State of Bihar

... ... Opposite Party/s

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====================================================== Appearance : For the Petitioner/s : Mr. Sanjeev Kumar Shrivastava, Advocate For the Opposite Party/s : Mr. Kumar Veerendra Narayan, APP ======================================================

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CORAM: HONOURABLE MR. JUSTICE ARUN KUMAR JHA ORAL ORDER

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2 04-12-2024

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Heard learned counsel for the petitioner and learned

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APP for the State.

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In the present case, the petitioner seeks bail in connection with Sathi P.S. Case No. 148 of 2024 registered for the alleged offences under Sections 191(2), 191(3),190, 126(2), 115(2) 118(1), 109, 103(2) of Bharatiya Nyaya Sanhita, 2023.

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As per prosecution case, at the instigation of petitioner, co-accused persons assaulted the informant and his father with lathi and iron rod, causing injury on the head of the of the informant and death of father of the informant.

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Learned counsel for the petitioner submits that the petitioner is innocent and has been falsely implicated in this case. Learned counsel further submits that the petitioner is a lady aged about 55 years and there is no allegation of assault

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Patna High Court CR. MISC. No.82546 of 2024(2) dt.04-12-2024 2/3

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against this petitioner. Only allegation against her is of instigating the other co-accused persons. The petitioner and the informant’s side are agnates and there is land dispute between them. The petitioner is in custody since 04.08.2024 and chargesheet has been submitted. The petitioner has got no criminal history.

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Learned APP for the State opposes the prayer for

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bail.

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Having regard to the facts and circumstances and submissions made on behalf of the parties and considering the fact that petitioner is a lady and there is no allegation of assault against the petitioner and further considering the period of custody of the petitioner along with submission of charge-sheet, the petitioner above named is directed to be released on bail on furnishing bail bonds of Rs. 10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of learned Chief Judicial Magistrate, Bettiah, West Champaran in connection with Sathi P.S. Case No. 148 of 2024, subject to the conditions mentioned in Section 437(3) of the Cr.P.C. and the following conditions:

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(i) One of the bailors will be a close relative of the petitioner.

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Patna High Court CR. MISC. No.82546 of 2024(2) dt.04-12-2024 3/3

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(ii) The petitioner will remain present on each and every date fixed by the court below.

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(iii) In case of absence on three consecutive dates 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.

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(Arun Kumar Jha, J)

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Ashish/-

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U T

Nirmla Devi v. The State of Bihar

Case brief

What is this about?

What did the court decide?

Nirmla Devi v. The State of Bihar

Case brief

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