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Patna High Court

Santosh KumarversusThe State of Bihar

Decided
Disposal
BAIL GRANTED

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

  • BNS — s. 109, 115(2), 126(2), 303(2), 351(2), 351(3), 352, 85
  • BNSS — s. 482(2)

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
                                            2/3




          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
                                                          3/3




                        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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