Patna High Court
Deepak KumarversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- CHANDRA SHEKHAR JHA
Holding
The Court granted bail to the petitioner subject to bond and conditions under Section 438(2) Cr.P.C. and Section 482(2) BNSS.
Summary
The petitioner, Deepak Kumar, was named in an FIR for alleged assault with a knife, grievous hurt, and attempt to murder of the informant's daughter, stemming from a dispute over a three‑year live‑in relationship. The petitioner’s counsel argued that the case was false, citing a radiological report showing no brain injury, and asserted his clean antecedents. The State opposed bail, emphasizing the seriousness of the offences under Sections 341, 323, 324, 307 and 379 of the IPC. The Court examined the medical evidence and the nature of the allegations, finding reasonable doubt about the grievous nature of the injury. Consequently, the Court ordered the petitioner’s release on bail, subject to a bond of Rs.10,000 with two sureties and conditions under Section 438(2) of the Cr.P.C. and Section 482(2) of the BNSS.
Issues considered
- Whether bail should be granted in a case involving alleged assault, grievous hurt and attempt to murder.
- Whether the medical report negates the existence of grievous injury and thus weakens the prosecution’s case.
- Whether the alleged motive of a false complaint due to a disapproved live‑in relationship warrants bail.
Legislation cited
- BNSS — s. 482(2)
- Code of Criminal Procedure, 1973 — s. 438(2)
- Indian Penal Code — s. 307, 323, 324, 34, 341, 379
Subjects
- bail
- assault
- attempt to murder
- live‑in relationship
- false complaint
- medical evidence
- Indian Penal Code
- Criminal Procedure Code
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.57724 of 2024
Arising Out of PS. Case No.-41 Year-2018 Thana- NOORSARAI District- Nalanda
======================================================
Deepak Kumar son of Pramod Kumar Village- Barh Po- gali Infront of
Railway Station Barh Ps- Barh Dist- Patna
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Pankaj Kumar Singh, Adv
For the Opposite Party/s : Mr. Navin Kr. Pandey, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE CHANDRA SHEKHAR JHA
ORAL ORDER
5 02-02-2026 Heard the parties.
2. The petitioner is named in the F.I.R. and
apprehending his arrest in connection with Noorsarai P.S. Case No.
41 of 2018 registered for the offences punishable under Sections
341, 323, 324, 307 and 379/34 of the Indian Penal Code.
3. As per FIR, petitioner who was in live in relationship
with daughter of informant for long 3 years, when on one occasion
after returning from Delhi approaching Rajgir, on the way
assaulted the daughter of informant by using knife with an
intention to cause her death.
4. It is submitted by learned counsel appearing on
behalf of the petitioner that informant was not happy with the
relationship of petitioner with her daughter and in want of approval
of said relationship, the present false case was lodged without
Patna High Court CR. MISC. No.57724 of 2024(5) dt.02-02-2026
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having any cogent material. It is also submitted that allegation of
assault is appearing false on its face as upon radiological
examination of brain of injured daughter of informant, it appears
that “brain parenchyma appears normal in density and
morphology, no focal lesion seen neither any mass effect
nor midline shift noticed besides brainstream and
cerebellum appears normal and no fracture was seen in
bone window setting” suggesting sufficiently that there was no
injury as alleged and if it is so, prima-facie not grievous in nature
negating intention of petitioner to cause death of daughter of the
informant. While concluding argument, it is submitted that
petitioner is a man of clean antecedent.
5. Learned APP opposes the prayer of bail.
6. In view of aforesaid factual submission and by taking
note of nature of accusations as petitioner was in live-in
relationship for long three years with daughter of informant, where
nature of injury also creates a doubt, qua allegation of assault,
accordingly petitioner above-named, in the event of his arrest or
surrender before the court below within a period of four weeks, 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 CJM, Nalanda, Bihar
Patna High Court CR. MISC. No.57724 of 2024(5) dt.02-02-2026
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Sharif/concerned Court, where the case is pending in connection
with Noorsarai P.S. Case No. 41 of 2018, subject to the conditions
as laid down under Section 438(2) of the Cr.P.C/ Section 482(2)
of BNSS.
(Chandra Shekhar Jha, J.)
S.Tripathi/-
U T
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