Patna High Court
Kumari Kiran PrajapativersusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- PRABHAT KUMAR SINGH
Holding
The court granted bail to the petitioner subject to a bond and sureties.
Summary
Kumari Kiran Prajapati applied for bail after being implicated in a FIR alleging offences under several sections of the Bhartiya Nagrik Suraksha Sanhita, 2023, including assault and homicide. She contended that the FIR does not identify her as the assailant of the deceased, asserting that she only scuffled with the victim's mother and has a clean antecedent. The informant opposed the bail. The court, noting her gender and clean record, ordered that she be released on bail if she surrenders within eight weeks, provided she furnishes a bail bond of Rs.10,000 with two sureties of the same amount, subject to Section 482 of the same Act. The order was pronounced by Justice Prabhat Kumar Singh.
Issues considered
- Whether the petitioner is entitled to bail under Section 482 of the Bhartiya Nagrik Suraksha Sanhita, 2023 given the nature of the alleged offences and her personal circumstances
Legislation cited
- Bhartiya Nagrik Suraksha Sanhita, 2023 — s. 103(1), 109, 115(2), 118(2), 126(2), 3(5), 351(2), 352, 482
Subjects
- bail
- criminal procedure
- Section 482
- gender
- clean antecedent
- Bhartiya Nagrik Suraksha Sanhita
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.4624 of 2026
Arising Out of PS. Case No.-121 Year-2025 Thana- MOHANPUR District- Samastipur
======================================================
Kumari Kiran Prajapati W/O Indrabhushan Pandit R/O Village - Sarari, P.S-
Mohanpur, Distt.- Samastipur
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr.Praween Kumar
For the Opposite Party/s : Mr.Shantanu Kumar
======================================================
CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH
ORAL ORDER
2 11-02-2026 Heard learned counsel for the petitioner, learned
A.P.P. for the State and learned counsel for the informant.
2. The petitioner apprehends her arrest in a case
registered for the offence under Sections 126(2), 115(2), 118(2),
109, 103(1) 351(2), 352, 3(5) of the B.N.S., 2023.
3. Learned counsel for the petitioner submits that as
per F.I.R. itself, petitioner is not the assailant of deceased (father
of informant). Petitioner is alleged to have scuffled with mother
of informant. Petitioner is lady and claims clean antecedent.
4. Learned counsel for the informant has opposed the
bail petition.
5. Considering the fact that petitioner is lady and
claims clean antecedent, let the above named petitioner, in the
event of arrest/surrender within a period of eight weeks from
Patna High Court CR. MISC. No.4624 of 2026(2) dt.11-02-2026
2/2
today, be enlarged on bail on furnishing bail-bond of Rs.
10,000/- (ten thousand) with two sureties of the like amount
each to the satisfaction of learned A.C.J.M. Shahpur Patori,
District – Samastipur in connection with Mohanpur P.S. Case
No. 121 of 2025, subject to condition as laid down under
Section 482 of the Bhartiya Nagrik Suraksha Sanhita, 2023.
(Prabhat Kumar Singh, J)
anay
U T
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