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Patna High Court

Laxmi KumariversusThe State of Bihar

Decided
Disposal
BAIL GRANTED

Holding

The bail application is allowed and the petitioner is released on bail subject to conditions.

Summary

The petitioner, a 23‑year‑old unmarried woman, applied for bail in a case registered under Sections 103(1) and 3(5) of the Bharatiya Nyaya Sanhita, alleging she assaulted the deceased with a brick. The defence highlighted the post‑mortem report showing no external injuries and emphasized the petitioner’s young age and gender. The State and the informant opposed the bail. The Court, noting the absence of external injury, the petitioner’s personal circumstances, and the period of custody, allowed the bail application. The petitioner was ordered to be released on bail of Rs.10,000 with two sureties, subject to cooperation in the trial, and the Court clarified that its observations were limited to bail and not the merits of the case.

Issues considered

  • Whether the petitioner is entitled to bail for the alleged offences under Sections 103(1) and 3(5) of the Bharatiya Nyaya Sanhita considering the lack of external injury, her age, gender, and period of custody.

Legislation cited

Subjects

  • bail
  • assault
  • Bharatiya Nyaya Sanhita
  • criminal procedure
  • gender considerations

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.25735 of 2026
                       Arising Out of PS. Case No.-161 Year-2025 Thana- MAIRWAN District- Siwan
                 ======================================================
                 Laxmi Kumari D/o Subhash Sharma R/o vill - Suryapura, P.S.- Mairwa,
                 Distt.- Siwan

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

                                                        ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s    :        Mr. Ajay Kumar Thakuar, Advocate
                                                  Mr. Shivam, Advocate
                                                  Ms. Sushmita Mishra, Advocate
                                                  Mr.Purushottam Kumar, Advocate
                 For the State           :        Mr. Jharkhandi Upadhyay, APP
                 For the Informant       :        Mr. Ajay Kumar Tiwary, Advocate
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE SANDEEP KUMAR
                                       ORAL ORDER

2   06-05-2026                   Heard learned counsel for the petitioner; learned APP

                   for the State and learned counsel for the informant.

                                 2. The petitioner seeks bail in connection with

                   Mairwan P.S. Case No. 161 of 2025 registered for the offence

                   punishable under Sections 103(1) and 3(5) of the Bharatiya

                   Nyaya Sanhita.

                                 3. The petitioner is said to have assaulted the deceased

                   with a brick on her neck.

                                 4. Mr. Ajay Kumar Thakur, learned counsel for the

                   petitioner relying on the post-mortem report submits that there

                   is no external injury. He also submits that the petitioner is an

                   unmarried woman aged about 23 years and the entire family has
           Patna High Court CR. MISC. No.25735 of 2026(2) dt.06-05-2026
                                                       2/2




                     been made accused in the case.

                                  5. Learned APP for the State and learned counsel for

                     the informant have vehemently opposed the prayer for bail.

                                  6. Considering the fact that the petitioner is an

                     unmarried young woman, the absence of any external injury and

                     the period of custody, this application is allowed.

                                  7. Let the petitioner, above named, be released on bail

                     on furnishing bail bonds of Rs. 10,000/- (ten thousand) with two

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

                     ACJM-VI, Siwan/ concerned Court in connection with Mairwan

                     P.S. Case No. 161 of 2025, subject to the condition that the

                     petitioner will co-operate in the trial.

                                  8. It is, however, clarified that the observations made

                     herein are limited to the adjudication of the present bail

                     application and shall not prejudice the case of the petitioner at

                     any subsequent stage of the trial and this Court has not express

                     any opinion on the merits of the case.


                                                                          (Sandeep Kumar, J)

P. Kumar

U     T


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