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Patna High Court

Pinki KumariversusThe State of Bihar

Decided
Disposal
BAIL GRANTED

Holding

The court granted anticipatory bail to the petitioner, subject to a bond, sureties, and conditions.

Summary

Pinki Kumari, the wife of Dharmendra Kumar, was named as an accused in a case arising from a violent land‑dispute incident in Kawakol, Nawada, where a group allegedly broke a boundary wall, damaged property and assaulted the informant’s family, resulting in the death of the informant’s cousin. The prosecution charged her under multiple sections of the Bihar Negotiable Statutes (B.N.S.) for offences including unlawful assembly, assault, and homicide. The petitioner claimed she was falsely implicated, had no criminal record, and that the allegations against her were vague and intended to harass her and seize her land. The State argued that she had supplied weapons to the assailants and that a process under CrPC Section 82 had been issued. Considering the doubtful nature of the allegations, the petitioner’s lack of absconding, and her gender, the court ordered anticipatory bail subject to a bond, sureties, and conditions under Section 482(2) of the B.N.S.S.

Issues considered

  • Whether the petitioner is entitled to anticipatory bail despite the serious nature of the charges under the B.N.S.
  • Whether the allegations against the petitioner are sufficient to deny bail or constitute false accusation

Legislation cited

Subjects

  • anticipatory bail
  • false accusation
  • land dispute
  • criminal law
  • gender considerations
  • B.N.S. sections
  • CrPC Section 82

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.14848 of 2026
                     Arising Out of PS. Case No.-480 Year-2025 Thana- KAUWAKOL District- Nawada
                 ======================================================
                 Pinki Kumari Wife of Dharmendra Kumar Resident of village - Lalpur, P.S.-
                 Kawakol, District - Nawada

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

                                                        ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :      Mr.Sheo Nandan Prasad, Advocate
                                                 Mr. Rajnish Kumar, Advocate
                 For the Opposite Party/s :      Ms.Pushpa Sinha, APP
                 For the Informant        :      Mr. Ram Prakash Kumar, Adv.
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE ARUN KUMAR JHA
                                       ORAL ORDER

2   03-04-2026                   Heard learned counsel for the petitioner, learned counsel

                   for the informant and learned A.P.P. for the State.

                                02. In the present case, the petitioner is apprehending

                   her arrest in connection with Kawakol P.S. Case No. 480 of 2025

                   registered for the alleged offences under Section 191(2), 191(3),

                   190, 329(3), 324(4), 324(5), 115(2), 118(2), 117(2), 109, 103(1),

                   61(2) of the BNS.

                                03. As per prosecution case, petitioner and other

                   coaccused persons started breaking the boundary wall of the

                   informant. They also damaged the asbestos roof of the house of the

                   cousin of the informant. They were armed with khanti, spade,

                   tangi and sword. When their act was opposed by the informant, his

                   cousin and the wife of his cousin, all of them brutally assaulted
Patna High Court CR. MISC. No.14848 of 2026(2) dt.03-04-2026
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          them causing a number of injuries to them and the cousin of the

          informant died while being taken to the hospital.

                       04. Learned counsel for the petitioner submits that the

          petitioner is innocent and she has been falsely implicated in this

          case. There is specific allegation of assault against Umesh Sao,

          Rajendra Sao and Dharmendra Sao and there is general and

          omnibus allegation against this petitioner and other coaccused

          persons. Altogether 11 persons have been made accused in this

          case. Learned counsel further submitted that the occurrence took

          place in the background of land dispute between the parties.

          Learned counsel also submits that subsequently, the informant has

          given the name of the petitioner and other female family members

          for supplying weapons to the assailants but the same is not true.

          The petitioner and some other coaccused persons have been named

          only to harras them and grab their land. The petitioner has got no

          criminal antecedent.

                       05. Learned A.P.P. for the State and learned counsel for

          the informant vehemently oppose the submission made on behalf

          of the learned counsel for the petitioner. Learned counsel for the

          informant submits that during investigation it has come on record

          that the petitioner and other female coaccused persons had been

          handing over the weapons to the assailants who murdered the

          cousin of the informant and caused grievous injuries to the
Patna High Court CR. MISC. No.14848 of 2026(2) dt.03-04-2026
                                            3/4




          informant and his sister in law. The learned counsel also submits

          that process under Section 82 of the CrPC/84 BNSS has been

          issued on 09.03.2026.

                       06. At this stage, learned counsel for the petitioner

          submits that the petitioner has come before the Court, seeking

          anticipatory bail much prior to issuance of the proclamation and it

          shows she has not been absconding and even the rejection order by

          the learned Sessions Court has been passed on 09.01.2026.

                       07. Having regard to the facts and circumstances and

          submission made on behalf of the parties and considering the

          general and doubtful nature of allegation against the petitioner

          who is a lady and also considering the possibility of false

          accusation, let the petitioner above named, in the event of her

          arrest or surrender before the court concerned within a period of

          eight weeks from today, be released on bail, on furnishing bail

          bond of Rs. 10,000/- (Rupees Ten Thousand Only) each with two

          sureties of the like amount each to the satisfaction of Court of

          learned JMFC, Nawada in connection with Kawakol P.S. Case No.

          480 of 2025, subject to the condition 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 petitioner.

                                          (ii) The petitioner will remain
             Patna High Court CR. MISC. No.14848 of 2026(2) dt.03-04-2026
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                                                       present on each and every date

                                                       fixed by the court below, if so

                                                       required by the learned trial

                                                       court.



                                                 (Arun Kumar Jha, J)
Anuradha/-

U      T


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