Patna High Court
Poonam DeviversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- CHANDRA SHEKHAR JHA
Holding
The Court ordered the release of the petitioner on bail, finding no sufficient ground to deny bail.
Summary
Poonam Devi, the petitioner, was arrested in connection with a FIR alleging assault on the informant's son and other family members, causing bodily injuries. The FIR lists offences under Sections 126(2), 115(2), 109, 74, 352, 351(2) read with 3(5) of the Bhartiya Nyaya Sanhita. The petitioner, a woman of clean antecedent, has been in custody since 2 May 2025, while the investigation is complete and a charge‑sheet has been filed. The State argued that the assault was serious, but conceded that the fatal injury was caused by another accused, Sumit Kumar. The Court held that the allegations against the petitioner are general and omnibus, and, given the completed investigation, granted bail on a bond of Rs.10,000 with two sureties, subject to conditions under Section 437(3) CrPC and Section 480(3) BNSS.
Issues considered
- Whether bail should be granted to the petitioner despite the serious nature of the assault allegations
- Whether the completed investigation and charge‑sheet affect the bail decision
- Applicability of Section 437(3) of the Code of Criminal Procedure and Section 480(3) of the Bhartiya Nagrik Suraksha Sanhita in granting bail
Legislation cited
- Bhartiya Nagrik Suraksha Sanhita — s. 480(3)
- Bhartiya Nyaya Sanhita — s. 109, 115(2), 126(2), 3(5), 351(2), 352, 74
- Code of Criminal Procedure — s. 437(3)
Subjects
- bail
- assault
- criminal procedure
- BNSS
- BNS
- charge sheet
- clean antecedent
- section 437 CrPC
- section 480 BNSS
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.67223 of 2025
Arising Out of PS. Case No.-286 Year-2024 Thana- LALIT NARAYAN UNIVERSITY
District- Darbhanga
======================================================
Poonam Devi, wife of Shankar Sharma, resident of Mohalla-Balu Ghat, Ward
No.6, P.S.-L.N.M.U., District-Darbhanga.
... ... Petitioner
Versus
The State of Bihar
... ... Opposite Party
======================================================
Appearance :
For the Petitioner : Mr. Shaishav Kumar, Advocate
For the State : Mr. Murli Dhar, APP
For the Informant : Mr. Kumar Rajeev, Advocate
======================================================
CORAM: HONOURABLE MR. JUSTICE CHANDRA SHEKHAR JHA
ORAL ORDER
2 05-02-2026 Heard learned counsel for the petitioner and learned
Additional Public Prosecutor for the State duly assisted by
learned counsel appearing for the informant.
2. The accused/petitioner seeks bail in connection
with University (LNMU) P.S. Case No.286 of 2024 registered
for the offences punishable under Sections 126(2), 115(2),
109, 74, 352, 351(2) read with 3(5) of the Bhartiya Nyaya
Sanhita, 2023 (for short ‘B.N.S.’).
3. The accused/petitioner is named in the FIR and is
in custody since 02.05.2025.
4. Allegation against petitioner is to assault the
informant and other family members along with other co-
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accused persons, causing head and bodily injuries, which was
made with intention to cause death. As per FIR, the
occurrence took place out of trivial neighbourhood disputes
arising out of issue of mobile theft.
5. It is submitted by learned counsel appearing for
petitioner that as per FIR, the occurrence took place in two
parts. As per first allegation, the son of informant namely,
Pravesh Kumar was assaulted by Sumit Kumar on
10.10.2024 at about 4.00 pm by using iron pipe. It is
submitted that the alleged assault was made on head
whereafter, he becomes senseless and when the informant’s
family members reported this matter to the family of Sumit
Kumar, they also assaulted the informant and others. It is
submitted that the allegation as to made physical assault is
appearing very much general and omnibus in nature against
petitioner, who is a lady of clean antecedent. While concluding
argument, it is submitted that investigation of this case is
already completed, for which, charge-sheet has submitted
and, as such, there is no chance of tampering with the
evidence.
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6. Learned APP duly assisted by Mr. Kumar Rajeev,
learned counsel appearing for informant while opposing the
prayer of bail submitted that during the course of treatment
injured Pravesh Kumar was died but, he fairly conceded that
he was assaulted specifically by Sumit Kumar as submitted
aforesaid.
7. In view of aforesaid factual submissions and by
taking note of fact as allegation of fatal assault is not
available against this petitioner rather petitioner is facing
general and omnibus allegation qua physical assault after the
main occurrence, coupled with the fact that investigation of
this case is already completed, where petitioner remains in
custody since 02.05.2025, accordingly, the petitioner, above-
named, who is a lady of clean antecedent, 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 Chief Judicial Magistrate,
Darbhanga in connection with University (LNMU) P.S. Case
No.286 of 2024, subject to the conditions as laid down under
Section 437(3) of the Code of Criminal Procedure (for short
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‘CrPC’)/under Section 480(3) of the Bhartiya Nagrik
Suraksha Sanhita (for short ‘BNSS’).
(Chandra Shekhar Jha, J.)
Sanjeet/-
U T
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