Patna High Court
Pinki KumariversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- ARUN KUMAR JHA
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
- Bihar Negotiable Statutes (B.N.S.) — s. 103(1), 109, 115(2), 117(2), 118(2), 190, 191(2), 191(3), 324(4), 324(5), 329(3), 482(2), 61(2)
- Criminal Procedure Code (CrPC) — s. 82
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
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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
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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
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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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