Sugandhi DeviversusThe State of Bihar

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.76327 of 2025
                     Arising Out of PS. Case No.-241 Year-2022 Thana- DUMARIAGHAT District- East
                                                       Champaran
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                 Sugandhi Devi W/O Bhulai Yadav Village- Dhangadha Sarotar, P.S.-
                 Dumariya Ghat, District- East Champaran

                                                                                 ... ... Petitioner/s
                                                      Versus
                 The State of Bihar BIHAR

                                                        ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s       :     Mr. Natraj Verma, Advocate
                 For the State              :     Mr. Rajiv Nayan, APP
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE RAJESH KUMAR VERMA
                                       ORAL ORDER

4   03-04-2026                          Heard Mr. Natraj Verma, learned counsel for the

                   petitioner and Mr. Rajiv Nayan, learned APP for the State.

                                 2. Petitioner seeks bail, who is in custody since

                   11.06.2025, in connection with Dumariya Ghat P.S. Case No.

                   241 of 2022, F.I.R. dated 15.11.2022 registered for the offences

                   punishable under Sections 302/34 of the Indian Penal Code.

                                 3. As per prosecution case, in brief, is that on

                   14.11.2022 at about 07:00 P.M., one Mukesh Yadav called the

                   informant’s husband and invited him to a party and he went to

                   the said party. However, when the informant’s husband did not

                   return till late night, the informant’s mother-in-law went to the

                   house of Mukesh Yadav where all the FIR named accused

                   persons including the petitioner, who were armed with iron-rod
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          and lathi, abused her and ousted her from their house.

          Thereafter, the informant went to the Police Station and brought

          her husband to Kesariya Hospital where the Doctor declared

          him dead.

                       4. Learned counsel for the petitioner submits that the

          petitioner has clean antecedent and he has been falsely

          implicated in the present case.              He further submits that the

          allegation as alleged in the F.I.R. is false and fabricated and the

          petitioner has not committed any offence as allege in the F.I.R.

          From perusal of the F.I.R. it appears that although the petitioner

          is named in the F.I.R. but there is no specific allegation of any

          assault or overt act attributed against the petitioner rather there

          is general and omnibus allegation against all the accused

          persons including the petitioner and apart from aforesaid the

          informant is not an eye witness of the alleged occurrence and

          similarly situated co-accused person, namely, Ramawati Devi

          has been granted bail by a Coordinate Bench of this Court vide

          order dated 01.09.2025 passed in Cr. Misc. No. 59710 of 2025.

          He further submits that the police after investigation submitted

          chargesheet against the petitioner and the petitioner is in custody

          since 11.06.2025.

                       5. The learned Additional Public Prosecutor for the
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          State has vehemently opposed the prayer for               bail of the

          petitioner.

                        6. Considering the facts and circumstances of the case

          and the fact that the petitioner having clean antecedent and there

          is no specific allegation of any assault or overt act against the

          petitioner in the F.I.R. as well as similarly situated co-accused

          person has been granted bail by a Coordinate Bench of this

          Court, let the petitioner, above named, be released on bail on

          furnishing bail bond of Rs. 10,000/- (Rupees Ten Thousand)

          with two sureties of the like amount each to the satisfaction of

          learned Chief Judicial Magistrate, East Champaran, Motihari in

          connection with Dumariya Ghat P.S. Case No. 241 of 2022 ,

          subject to the following conditions :-

                        (1) Petitioner shall co-operate in the trial and shall be

          properly represented on each and every date fixed by the Court

          and shall remain physically present as directed by the Court and

          on her absence on two consecutive dates without sufficient

          reason, her bail bond shall be cancelled by the Court below.

                        (2) If the petitioner tampers with the evidence or the

          witness, in that case, the prosecution will be at liberty to move

          for cancellation of bail.

                        (3) And, further condition that the court below shall
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                         verify the criminal antecedent of the petitioner and in case at

                         any stage, it is found that the petitioner has concealed her

                         criminal antecedents, the court below shall take step for

                         cancellation of bail bond of the petitioner.             However, the

                         acceptance of bail bonds in terms of the above-mentioned order

                         shall not be delayed for purpose of or in the name of

                         verification.



                                                                       (Rajesh Kumar Verma, J)
Ibrar//-

U          T