Patna High Court
Urmila DeviversusThe State of Bihar
- Decided
- Disposal
- ALLOWED
- Bench
- HARISH KUMAR
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
- Bharatiya Nagrik Suraksha Sanhita, 2023 — s. 482(2)
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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