Patna High Court
Laxmi KumariversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- SANDEEP KUMAR
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
- Bharatiya Nyaya Sanhita — s. 103(1), 3(5)
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
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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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