Patna High Court
Poonam DeviversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- RAJESH KUMAR VERMA
Holding
The court granted bail to the petitioner, finding no specific charge against her and imposing conditions for her release.
Summary
Poonam Devi, the wife of co-accused Mukesh Soni, was arrested in connection with an assault and acid‑throwing incident reported in Dandari Police Station Case No. 131 of 2025. She filed a bail petition, contending that the FIR only implicates her husband and that she is being held merely because of her marital relationship. The prosecution opposed bail, citing a prior criminal antecedent and the seriousness of the alleged offences. The court observed that there is no specific allegation or overt act directly attributable to the petitioner and noted the existence of a case‑and‑counter‑case between the parties. Accordingly, the court granted bail on a bond of Rs. 10,000 with two sureties, subject to conditions of cooperation, appearance, non‑tampering with evidence, and verification of her criminal antecedent.
Issues considered
- Whether bail should be granted to the petitioner in the absence of a specific allegation against her.
- Whether the petitioner’s prior criminal antecedent warrants denial of bail.
Legislation cited
- B.N.S. — s. 109, 115(2), 118(1), 124(1), 126(2), 329(2), 3(5)
Subjects
- bail
- criminal procedure
- assault
- acid attack
- co‑accused
- criminal antecedent
- case and counter case
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.1875 of 2026
Arising Out of PS. Case No.-131 Year-2025 Thana- DANDARI District- Begusarai
======================================================
Poonam Devi W/O Mukesh Soni R/o vill.,P.o- Tetri, Ward no.- 10, P.S-
Dandari,Dist- Begusarai,Pin-851211
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Arvind Kumar, Advocate
For the Opposite Party/s : Mr. Shantanu Kumar, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE RAJESH KUMAR VERMA
ORAL ORDER
2 19-01-2026 Heard Mr. Arvind Kumar, learned counsel for the
petitioner and Mr. Shantanu Kumar, learned Additional Public
Prosecutor for the State.
2. The petitioner seeks bail, who is in custody since
07.10.2025 in connection with Dandari P.S. Case No. 131 of
2025, F.I.R. dated 06.10.2025 for the offences punishable under
Sections 115(2), 126(2), 329(2), 124(1), 118(1), 109, 3(5) of the
B.N.S.
3. According to prosecution case, petitioner and other
co-accused persons are alleged to have assaulted the informant.
On the instigation of petitioner, co-accused, namely, Mukesh
Soni throw acid on the informant’s husband.
4. Learned counsel for the petitioner submits that
petitioner is innocent and she has falsely been implicated in the
Patna High Court CR. MISC. No.1875 of 2026(2) dt.19-01-2026
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present case. Although, the petitioner is named in the F.I.R. but
from bare perusal of F.I.R. it appears that the specific allegation
of assault is against co-accused Mukesh Soni and petitioner has
been made accused merely on the ground that she is wife of the
co-accused Mukesh Soni. There is case and counter case
between the parties. He further submits that the police after
investigation, submitted chargesheet against the petitioner and
the petitioner is in custody since 07.10.2025.
5. Learned APP for the State has vehemently opposed
the prayer for bail of the petitioner and submits that the
petitioner carries one criminal antecedent other than the present
one but fairly submits on the basis of paragraph 3 of the bail
petition that the petitioner is on bail in the pending matter.
6. Considering the aforesaid facts and circumstances
and the fact that there is no specific allegation of assault or overt
act against the petitioner, case and counter case, let the
petitioner, above named, be released on bail on furnishing bail
bond of Rs. 10,000/- (Ten Thousand) with two sureties of the
like amount each to the satisfaction of the learned J.M.F.C.,
Begusarai in connection with Dandari P.S. Case No. 131 of
2025, with the following conditions:
i. Petitioner shall co-operate in the trial and shall be
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properly represented on each and every date fixed by the court
and shall remain physically present as directed by the court and
on her absence on two consecutive dates without sufficient
reason, his/her bail bond shall be cancelled by the Court below.
ii. If the petitioner tampers with the evidence or the
witnesses, in that case, the prosecution will be at liberty to move
for cancellation of bail.
iii. And further condition that the court below shall
verify the criminal antecedent of the petitioner and in case at
any stage it is found that the petitioner has concealed her
criminal antecedent, the court below shall take step for
cancellation of bail bond of the petitioner. However, the
acceptance of bail bonds in terms of the above-mentioned order
shall not be delayed for purpose of or in the name of
verification.
(Rajesh Kumar Verma, J)
Ranjeet/-
U T
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