Patna High Court
Shobhi Kumari @ Shobha KumariversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- SATYAVRAT VERMA
Holding
The Court granted anticipatory bail to the petitioner, subject to a cash bond and sureties, under Sections 438(2) Cr.P.C. and 482(2) BNS Act.
Summary
The petitioner, Shobhi Kumari, sought anticipatory bail after being implicated in a case under Sections 126(2), 115(2), 118(1), 109, 303(2), 352 and 351(2) of the Bihar Non‑Statutory (BNS) Act, 2023. She claimed she has a clean record, is a woman, and that the informant, a neighbour, falsely lodged the FIR following a dispute over a hand‑pump, with the FIR filed six days after the alleged incident. The petitioner also submitted that the parties had reached a compromise, as evidenced by Annexure‑2 to the bail application. The State opposed the anticipatory bail. The Court, considering the petitioner’s gender, the delay in filing the FIR, the alleged compromise, and the lack of strong evidence, granted anticipatory bail subject to a cash bond and sureties, invoking Sections 438(2) of the Criminal Procedure Code and 482(2) of the BNS Act.
Issues considered
- What is the appropriate exercise of discretion by the court in granting anticipatory bail under Section 438 of the Cr.P.C. in the present facts?
- Does the alleged compromise between the parties and the delay in filing the FIR justify the grant of anticipatory bail?
- Should the petitioner’s status as a woman influence the decision on anticipatory bail?
Legislation cited
- B.N.S.S. — s. 482
- Criminal Procedure Code — s. 438
Subjects
- anticipatory bail
- false implication
- woman
- delay in FIR
- compromise
- BNS Act
- Criminal Procedure Code
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.37564 of 2026
Arising Out of PS. Case No.-47 Year-2026 Thana- SHIKARGANJ District- East Champaran
======================================================
Shobhi Kumari @ Shobha Kumari W/o Jitu Sah Resident of Village - Haraj
Narullahpur, P.S - Shikargunj (Shikarganj), District - East Champaran
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Karandeep Kumar, Advocate
For the Opposite Party/s : Mr. Surendra Prasad Singh, A.P.P.
======================================================
CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA
ORAL ORDER
2 22-06-2026 1. Heard learned counsel for the petitioner and learned
A.P.P. for the State.
2. The petitioner apprehends her arrest in a case registered
for the offences punishable under Sections 126(2), 115(2), 118(1),
109, 303(2), 352 and 351(2) of the BNS, 2023.
3. Learned counsel for the petitioner submits that
petitioner is a person with clean antecedent and is a woman and the
informant alleges that on 19.02.2026, at 02:00 p.m., the petitioner
was abusing her and on objection, the petitioner took out handle of
hand-pump and assualted causing injury on her head and also
snatched her chain.
4. Learned counsel for the petitioner submits that
petitioner has been falsely implicated in the instant case by the
informant. It is further submitted that petitioner and the informant are
neighbours and they had an altercation with regard to taking water
from the hand-pump and the informant got pushed, hence, suffered
Patna High Court CR. MISC. No.37564 of 2026(2) dt.22-06-2026
2/2
injury on head. It is next submitted that date of occurrence is
19.02.2026 and the FIR came to be instituted on 25.02.2026 after a
delay of more than five days which also casts an aspersion on the
case of the prosecution. It is also submitted that parties have
compromised as would manifest from Annexure-2 to the anticipatory
bail application.
5. Learned A.P.P. for the State opposes the prayer for
anticipatory bail of the petitioner.
6. Considering the submissions made by the learned
counsel appearing on behalf of the petitioner and taking into
consideration the fact that petitioner is a woman, let the petitioner,
above-named, in the event of her arrest or surrender within a period
of six weeks from today, be released on anticipatory bail on
furnishing bail bonds of Rs.10,000/- (Rupees Ten Thousand) with
two sureties of the like amount each to the satisfaction of the learned
Trial Court where the case is pending/Successor Court in connection
with Shikargunj (Shikarganj) P.S. Case No. 47 of 2026, subject to the
conditions as laid down under Section 438(2) of the Cr.P.C./482(2) of
the B.N.S.S.
(Satyavrat Verma, J)
Kundan/-
U T
Checking your session…
Lawyer court records for this case
Associated through the court’s case reference.