Patna High Court
Santosh KumarversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- CHANDRA SHEKHAR JHA
Holding
The court granted bail to the petitioner, finding no prima facie evidence of repeated or grievous injury or intent to cause death.
Summary
Santosh Kumar was arrested in connection with a case alleging assault on his wife, Nisha Kumari, and the alleged theft of Rs. 35,000. The petitioner argued that the complaint was false, arising from an unhealthy marital relationship and that the injury was superficial, not intended to cause death. The prosecution highlighted a prior similar criminal case involving the same parties, for which the petitioner was already on bail. The court examined whether the assault was repeated or caused grievous injury and considered the matrimonial discord as a mitigating factor. Concluding that the assault did not appear repeated or intended to cause death, the court ordered the petitioner’s release on bail with a bond of Rs. 10,000 and two sureties, subject to Section 482(2) of the BNSS.
Issues considered
- Whether bail should be granted to the accused in an assault case involving alleged domestic violence.
- Whether the alleged assault constitutes a repeated or grievous injury warranting denial of bail.
- Whether the matrimonial discord and prior criminal antecedent affect the bail decision under Section 482(2) of the BNSS.
Legislation cited
Subjects
- bail
- assault
- domestic violence
- Section 482
- criminal antecedent
- matrimonial discord
- injury
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.27246 of 2026
Arising Out of PS. Case No.-23 Year-2026 Thana- MOUZAHIDPUR District- Bhagalpur
======================================================
Santosh Kumar S/o Kailash Prasad Chourasia R/o - Mirjanhat, P.S -
Mojahidpur, District – Bhagalpur. ... ... Petitioner/s
Versus
1. The State of Bihar.
2. Nisha Kumari W/o Santosh Kumar R/o Mohalla - Gurhatta Chowk,
Sikandarpur, Post - Sikandarpur, P.S - Mojahidpur, District – Bhagalpur.
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr.Indeshwari Prasad Mandal, Advocate
For the Opposite Party/s : Mr.Md. Aslam Ansari, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE CHANDRA SHEKHAR JHA
ORAL ORDER
2 29-04-2026 Heard learned counsel appearing on behalf of
the petitioner and learned Additional Public Prosecutor
appearing on behalf of the State.
2. The accused/petitioner apprehending his
arrest in connection with Mojahidpur P.S. Case No. 23
of 2026 registered for the offences punishable under
Sections 115(2), 126(2), 85, 109, 303(2), 352, 351(2),
351(3) of BNS.
3. The allegation against the petitioner is to
assault the informant, who is none but his wife and also
to snatch cash of Rs. 35,000/- from her.
4. It is submitted by learned counsel appearing
Patna High Court CR. MISC. No.27246 of 2026(2) dt.29-04-2026
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on behalf of the petitioner that the present false case
was lodged in the background of unhealthy matrimonial
relationship. It is pointed out that much prior to this
occurrence, the parties are in inimical terms and living
separately. It is submitted that the house in which the
informant is living presently was given by this petitioner.
Explaining injury, it is submitted that same appears
superficial and non-repeated, which the informant
received during course of scuffling with petitioner. It is
pointed out that said injury was not made with intention
to cause death.
5. Explaining criminal antecedent, it is
submitted that petitioner found involved in one more
criminal case of similar nature with same informant,
where he is on bail.
6. Learned APP opposed the prayer of bail.
7. In view of aforesaid factual submissions and
by taking note of fact as the assault prima facie not
appears repeated and also to cause any grievous injury,
Patna High Court CR. MISC. No.27246 of 2026(2) dt.29-04-2026
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prima facie negating any intention to cause death, where
alleged occurrence took place in the background of the
previous matrimonial discord, accordingly, above named
petitioner, in the event of his arrest or surrender before
the learned trial Court, within a period of four weeks of
the order, is directed to be released on bail furnishing
bail bond of Rs. 10,000/- (Rupees Ten Thousand) with
two sureties of the like amount each to the satisfaction
of the learned A.C.J.M. 9, Bhagalpur/concerned Court,
where the case is pending in connection with Mojahidpur
P.S. Case No. 23 of 2026 subject to the conditions as
laid down under Section 482(2) of the BNSS.
(Chandra Shekhar Jha, J)
veena/-
U T
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