Patna High Court
Sonali KumariversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- ARUN KUMAR JHA
Holding
The court granted bail to the petitioners subject to bond and conditions, finding no sufficient ground to deny bail.
Summary
The petitioners, two women from Hathiyar village, sought bail fearing arrest in a Bodhgaya police case alleging assault under several sections of the Bihar Negotiable and Securities Act. The prosecution alleged that they, along with co‑accused, assaulted an informant with a rod, causing a head fracture. The petitioners contended they were falsely implicated, stating the incident was a minor scuffle over a drainage dispute and that the injury report showed only a minor laceration. The State opposed, emphasizing the specific allegation of grievous assault on the informant. Considering the possibility of false implication, the petitioners’ clean antecedents, and the fact they are women, the court granted bail subject to a bond of Rs 10,000 with two sureties and conditions under Section 482(2) of the B.N.S.S.
Issues considered
- Whether the petitioners are entitled to bail in the pending assault case
- Whether there is a prima facie case establishing their guilt
- Whether the allegations constitute false implication warranting bail under Section 482(2) of the B.N.S.S.
Subjects
- bail
- false implication
- assault
- Section 482
- Criminal Procedure
- Bihar
- women
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.14541 of 2026
Arising Out of PS. Case No.-59 Year-2025 Thana- BODHGAYA District- Gaya
======================================================
1. Sonali Kumari D/o-Mahendra Agrawal @ Mahendra Kumar @ Mahendra
Prasad. R/o-Village-Hathiyar, P.S.-Bodhgaya, Dist.-Gaya.
2. Reena Devi W/o-Mahendra Agrawal @Mahendra Kumar @ Mahendra
Prasad. R/o-Village-Hathiyar, P.S.-Bodhgaya, Dist.- Gaya.
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr.Onkar Nath, Advocate
For the Opposite Party/s : Mr.Humayou Ahmad Khan, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE ARUN KUMAR JHA
ORAL ORDER
2 01-04-2026 Heard learned counsel for the petitioners and
learned APP for the State.
2. In the present case, the petitioners are
apprehending their arrest in connection with Bodhgaya P.S.
Case No. 59 of 2025 registered for the offences under Sections
126(2), 115(2), 352, 351(2), 351(3), 303(2) & 3(5) of B.N.S.
3. As per prosecution case, the petitioners and
other co-accused persons assaulted the informant with rod,
danda and bricks. Petitioner no. 1 Sonali Kumari assaulted the
informant with rod causing fracture on her head. Further
allegation against other co-accused persons is that they also
assaulted the informant causing injuries.
Patna High Court CR. MISC. No.14541 of 2026(2) dt.01-04-2026
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4. Learned counsel for the petitioners submits that
the petitioners are innocent and have falsely been implicated in
this case. No occurrence in the manner as alleged has ever taken
place. The petitioners and informant are next door neighbours.
Some altercation took place between them over drainage of
sewerage water and some scuffle took place. Petitioner no. 2 has
lodged Bodhgaya P.S. Case No. 54 of 2025 for the said
occurrence wherein petitioner no. 2 has stated that when the
informant caught hold of the daughter of petitioner no. 2, the
petitioner no. 1 herein, petitioner no. 2 pushed the informant and
she fell down. This version is corroborated from the injury
report of the informant as the injury report shows only one
injury on the head of the informant which is a lacerated wound
of size 1" long on mid of skull. However, the injury was stated
to be grievous due to hairline fracture. Thus, it is evident that
there was no serious injury of the informant and absence of said
injury alleged in the FIR to be inflicted by the co-accused
persons along with the petitioners falsifies the whole allegation.
The petitioners are having clean antecedent. Petitioner no. 1 is a
teacher and petitioner no. 2 is housewife, who have
been unnecessarily dragged in the present case over some petty
issue.
Patna High Court CR. MISC. No.14541 of 2026(2) dt.01-04-2026
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5. Learned APP opposes the submission made on
behalf of the petitioners. Learned APP submits that there is
specific allegation against petitioner no. 1 to have assaulted on
the head of the informant with rod which has been found to be
grievous.
6. Having regard to the facts and circumstances and
submissions made on behalf of the parties and considering the
fact that the petitioners are ladies and also considering the case
and counter version and further considering the possibility of
false implication, let the petitioners above named, in the event
of their arrest or surrender before the court concerned within a
period of eight weeks from today, be released on bail, on
furnishing bail bonds of Rs.10,000/- (Rupees Ten
Thousand Only) each with two sureties of the like amount each
to the satisfaction of learned Chief Judicial Magistrate,
Gaya/concerned court in connection with Bodhgaya P.S.
Case No. 59 of 2025, subject to the condition as laid down
under Section 482(2) of the B.N.S.S. and other following
conditions :
(i) One of the bailors will be a close
relative of the petitioners.
(ii) The petitioners will remain present
Patna High Court CR. MISC. No.14541 of 2026(2) dt.01-04-2026
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on each and every date fixed by the
court below, if so required by the
learned trial court.
(Arun Kumar Jha, J)
DKS/-
U T
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