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Patna High Court

Nilam DeviversusThe State of Bihar

Decided
Disposal
BAIL REJECTED

Holding

Anticipatory bail was not granted to the petitioner.

Summary

Nilam Devi, the wife of the late Makai Nat, was charged with multiple offences under the Indian Penal Code, including assault, attempt to murder, and causing death of an informant. The petitioner sought anticipatory bail, fearing arrest in the case. The court examined the seriousness of the allegations, noting that the petitioner was alleged to be one of the assailants who used weapons causing fatal injuries. Considering the nature and gravity of the offences, the court found no sufficient ground to grant bail. Consequently, the anticipatory bail petition was refused, and the petitioner remains liable to arrest.

Issues considered

  • Whether anticipatory bail should be granted to the petitioner in view of the nature and gravity of the offences alleged under the IPC

Legislation cited

Subjects

  • anticipatory bail
  • Indian Penal Code
  • assault
  • attempt to murder
  • criminal procedure

Judgment

                       IN THE HIGH COURT OF JUDICATURE AT PATNA
                               CRIMINAL MISCELLANEOUS No.91505 of 2025
                       Arising Out of PS. Case No.-61 Year-2023 Thana- PARSABAZAR District- Patna
                  ======================================================
                  Nilam Devi, Wife of Late Makai Nat, R/o- Yadav Chak, P.S.- Parsa Bazar,
                  District- Patna.
                                                                          ... ... Petitioner/s
                                                 Versus
                  The State of Bihar
                                                                   ... ... Opposite Party/s
                  ======================================================
                  Appearance :
                  For the Petitioner/s     :       Mr. Anil Kumar Singh, Advocate
                  For the Opposite Party/s :       Mrs. Renuka Ratanakar, APP
                  ======================================================
                  CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH
                                        ORAL ORDER

2    19-01-2026                  Heard learned counsel for the petitioner and learned APP

                    for the State.

                                 2. Petitioner apprehends arrest in a case registered for the

                    offences punishable under Sections 149, 147, 341, 323, 307, 452, 504

                    and 379 of the Indian Penal Code.

                                 3. The petitioner along with other accused persons are

                    alleged to have assaulted informant side by means of lathi, danda and

                    iron rod due to which informant got head injury and later on she died.

                                 4. Considering the nature of accusation and gravity of the

                    offence and petitioner is one of the assailant, prayer for anticipatory

                    bail of the petitioner is refused.


                                           (Prabhat Kumar Singh, J)
khushbu/-

U      T


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