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Patna High Court

Urmila DeviversusThe State of Bihar

Decided
Disposal
ALLOWED

Holding

The court ordered that bail be granted to the petitioners subject to specified bond and surety conditions.

Summary

The petitioners, two women residing in Bimwa Bhar Tola, sought bail in connection with a 2023 assault case (PS Jagdishpur Case No. 497) involving alleged injuries to an informant caused during a quarrel among children. The FIR alleged offences under IPC sections 341, 323, 307, 448, 504 and 506/34, but the complaint was described as omnibus and the nature of the injuries remained unverified pending a CT scan report. The petitioners' counsel highlighted their gender, clean antecedents, and the lack of concrete medical evidence, while the State opposed bail. The court, after considering the submissions, granted bail subject to a bond of Rs.10,000 with two sureties each, one of whom must be a close family member, and conditioned the release on surrender within four weeks. The order was made under Section 482(2) of the Bharatiya Nagrik Suraksha Sanhita, 2023.

Issues considered

  • Whether bail should be granted to the petitioners accused of assault under the specified IPC sections pending trial

Legislation cited

Subjects

  • bail
  • women accused
  • assault
  • Indian Penal Code
  • Section 482
  • Bharatiya Nagrik Suraksha Sanhita
  • omnibus allegation
  • pre‑trial detention

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                               CRIMINAL MISCELLANEOUS No.2791 of 2026

                     Arising Out of PS. Case No.-497 Year-2023 Thana- JAGDISHPUR District- Bhojpur
                 ======================================================
           1.    Urmila Devi D/o Ram Sundar Ray R/o Village - Bimwa Bhar Tola, P.S.-
                 Jagdishpur, District - Bhojpur
           2.    Budhiya Devi W/o Ram Sundar Ray R/o Village - Bimwa Bhar Tola, P.S.-
                 Jagdishpur, District - Bhojpur

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

                                                        ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :       Mr.Ajay Kumar Singh
                 For the Opposite Party/s :       Mr.Pawan Kumar Chaurasia
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE HARISH KUMAR
                                       ORAL ORDER

2   04-02-2026                  Heard the parties.

                                2. The petitioners are apprehending their arrest in

                   connection with Jagdishpur P.S. Case No. 497 of 2023,

                   registered for the offences punishable under Sections 341, 323,

                   307, 448, 504, 506/34 of the Indian Penal Code.

                                3. The allegation against the petitioners is of causing

                   assault by means of lathi and iron rod over the head of the

                   informant due to which he sustained serious injuries. The cause

                   of incidence is said to have arisen out of a quarrel amongst the

                   children.

                                4.Learned Advocate for the petitioners referring to the
Patna High Court CR. MISC. No.2791 of 2026(2) dt.04-02-2026
                                            2/3




          FIR contended that both the petitioners are women and next

          door neighbours. However, on account of a quarrel amongst the

          children, some scuffle took place which resulted into

          unfortunate injuries to the informant. Moreover, there is

          omnibus nature of allegation against all the three persons of

          causing assault and from the impugned order it appears that till

          date in absence of CT Scan report, the nature of injury has been

          kept reserved. The petitioners undertake that they will fully

          cooperate in the proceeding of the court.

                       5. On the other hand, learned Advocate for the State

          vehemently opposed the bail application.

                       6. Having considered the submissions advanced by

          the learned Advocates for the respective parties and taking note

          of the fact that the petitioners are women having fair antecedent,

          besides the omnibus allegation, let the petitioners abovenamed

          be released on bail, in the event of their arrest or surrender

          before the court below within a period of four weeks from the

          date of receipt/production of a copy of this order, upon

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

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

          learned ACJM 1st Bhojpur at Ara in connection with Jagdishpur

          P.S. Case No. 497 of 2023, subject to the conditions laid down
           Patna High Court CR. MISC. No.2791 of 2026(2) dt.04-02-2026
                                                       3/3




                     in Section 482(2) of the Bharatiya Nagrik Suraksha Sanhita,

                     2023, with the further condition that one of the bailors shall be

                     the own/close family members of the petitioners.



                                                 (Harish Kumar, J)
Anjani/-

U      T


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