Sham Sundari DeviversusThe State of Bihar

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.14858 of 2026
                       Arising Out of PS. Case No.-274 Year-2025 Thana- DAUDPUR District- Saran
                 ======================================================
                 Sham Sundari Devi Wife of Jitendra Ray R/O Village Beldari, P.S.- Daudpur,
                 Dist.- Saran.
                                                                         ... ... Petitioner/s
                                                  Versus
                 The State of Bihar

                                                        ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :       Mr. Sanjeet Kumar Singh, Adv.
                 For the Opposite Party/s :       Mr. Sanjay Kumar, APP
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE HARISH KUMAR
                                       ORAL ORDER

5   17-06-2026                  Heard learned Advocate for the petitioner and learned

                   APP for the State.

                                2. The petitioner apprehends his arrest in connection

                   with Daudpur P.S. Case No.274 of 2025 registered for the

                   offences punishable under Sections 126(2), 115(2), 118(1), 109

                   and 3(5) of the BNS.

                                3. The allegation against the petitioner is of causing

                   assault on the head of the informant’s husband by means of

                   Garasi, along with co-accused Anita Devi, who also assaulted

                   him by means of an iron rod. There is further allegation that the

                   other accused persons also assaulted the informant and other

                   family members.

                                4. Learned Advocate for the petitioner, submitted that

                   with regard to an occurrence which took place in the noon of
Patna High Court CR. MISC. No.14858 of 2026(5) dt.17-06-2026
                                            2/3




          31.10.2025, the present FIR has been instituted on 02.11.2025,

          and as such deliberation and exaggeration of the accusation

          cannot be ruled out. The petitioner is a woman having fair

          antecedent and only in order to put pressure and wreak

          vengeance, the present case has been instituted by making a

          specific allegation against the female members of the family.

          The genesis of the occurrence is writ large from the FIR that

          both the parties were bickering over a part of land. Moreover,

          there is a counter version of the present case being Daudpur PS

          Case No. 275 of 2025, and in the said incident the persons of the

          petitioner’s side also sustained injury. It is further contended

          that although the injury sustained by the informant's husband

          has been opined to be grievous in nature, however, the

          allegation with regard to the said injury has been attributed to

          two female members of the family, including the petitioner;

          moreover, the other accused persons are also alleged to have

          participated in the assault. Therefore, the petitioner cannot be

          attributed with sole responsibility for the injury sustained to the

          informant's husband. The petitioner bears fair antecedent.

                       5. On the other hand, learned Advocate for the State

          vehemently opposed the bail application and submitted that

          though the petitioner is a woman, there is a specific accusation
              Patna High Court CR. MISC. No.14858 of 2026(5) dt.17-06-2026
                                                          3/3




                        that she assaulted the husband of the informant by means of a

                        Garasi, due to which he sustained grievous injury.

                                     6. Having considered the submissions advanced by

                        the learned Advocates for the respective parties and taking note

                        of the fact that the petitioner is a woman having fair antecedent

                        and allegation of assault has been attributed to two persons,

                        including the petitioner, besides the factum of case and counter

                        case and the genesis of the occurrence, let the above named

                        petitioner, be released on bail, in the event of his arrest or

                        surrender before the learned Court below within a period of four

                        weeks from today, on furnishing bail bond of Rs. 10,000/- (Ten

                        thousand) with two sureties of the like amount each to the

                        satisfaction of learned Judicial Magistrate 1st Class, Saran at

                        Chapra in connection with Daudpur P.S. Case No.274 of 2025,

                        subject to the condition as laid down under Section 482(2) of

                        the BNSS, with further condition that one of the bailors shall be

                        the own/close family members of the petitioner.



                                                    (Harish Kumar, J)
rohit/-

U         T