Patna High Court
Radhika DeviversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- PARTHA SARTHY
Holding
The Court held that bail should be granted to the petitioners, directing their release on regular bail with a bond and sureties.
Summary
The petitioners, Radhika Devi and Nitesh Kumar, were arrested in connection with a family dispute where the informant alleged they assaulted him with a sword, causing injuries. They filed an application for regular bail under sections 126(2), 115(2), 109, 352 and 3(5) of the Bharatiya Nyaya Sanhita, 2023, contending that the allegations were false, the injuries were simple, and they have no prior criminal record. The State opposed the bail. The Court examined the FIR, the nature of the injuries, the familial relationship, the length of custody since 12‑January‑2026, and the petitioners' clean record. Finding the dispute to be trivial and the injuries minor, the Court ordered that both petitioners be released on regular bail upon furnishing a bond of Rs.10,000 with two sureties of the same amount, subject to the satisfaction of the Sub‑Divisional Judicial Magistrate. The bail order was pronounced by Justice Partha Sarthy.
Issues considered
- What is the appropriateness of granting regular bail to the petitioners accused of offences under sections 126(2), 115(2), 109, 352 and 3(5) of the Bharatiya Nyaya Sanhita, considering the nature of the alleged assault and the petitioners' personal circumstances?
Legislation cited
- Bharatiya Nyaya Sanhita, 2023 — s. 109, 115(2), 126(2), 3(5), 352
Subjects
- bail
- regular bail
- criminal procedure
- assault
- family dispute
- Bharatiya Nyaya Sanhita
- sections 126
- section 115
- section 109
- section 352
- section 3(5)
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.17691 of 2026
Arising Out of PS. Case No.-16 Year-2026 Thana- NASRIGANJ District- Rohtas
======================================================
1. Radhika Devi Wife of Birendra Ram Resident of village- Sabdala, Ps-
Nasriganj, Dist- Rohtas
2. Nitesh Kumar @ Mitesh Kumar Son of Birendra Ram Resident of village-
Sabdala, Ps- Nasriganj, Dist- Rohtas
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Arvind Kumar Pandey, Advocate
For the Opposite Party/s : Mr. Nagendra Prasad, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE PARTHA SARTHY
ORAL ORDER
2 25-03-2026 Heard learned counsel for the parties.
2. The petitioners have preferred this application for
grant of regular bail in connection with Nasriganj P.S. Case no.
16 of 2026 registered under sections 126(2), 115(2), 109, 352
and 3(5) of the Bharatiya Nyaya Sanhita, 2023.
3. As per the prosecution case, the informant states
that on asking his uncle not to abuse his mother and
grandmother, it is stated that his uncle including his family
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members i.e. the informant’s chachi (petitioner no.1) as also his
uncle’s son (petitioner no.2) assaulted him with sword, farsa etc
causing injuries.
4. Learned counsel for the petitioners submits in reference
to the injury report (Annexure-P/2) that the allegations are false and
incorrect. No such occurrence has taken place as alleged in the FIR.
In any case, the injuries have been found to be simple in nature
which would be evident from the contents of the injury report
(Annexure-P/2). It is a case of trivial dispute between the family
members. The petitioners are in custody since 12.1.2026 and have no
criminal antecedent.
5. The application for bail is opposed by learned APP
for the State.
6. Having heard learned counsel for the parties and
taking into consideration the allegations in the FIR, the
relationship between the parties, the injuries on the informant
having been found to be simple in nature, the petitioners being
in custody since 12.1.2026 and not having any criminal
antecedent, both the petitioners above named are directed to be
enlarged on bail in connection with Nasriganj P.S. Case no. 16 of
2026 on each of them furnishing bail bond of Rs.10,000/- (Rupees
Ten Thousand) with two sureties of the like amount each to
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satisfaction of the learned Sub Divisional Judicial Magistrate,
Bikramganj, Rohtas.
(Partha Sarthy, J)
sauravkrsinha/-
U T
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