Patna High Court
Menaka KumariversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- PARTHA SARTHY
Holding
The court granted regular bail to the petitioner on the condition of a bail bond and sureties.
Summary
Menaka Kumari, a 19‑year‑old woman, was arrested in connection with an assault on an informant's father that resulted in the father's death. The FIR charged her under multiple sections of the Bhartiya Nyaya Sanhita, 2023, including sections 126(2), 115(2), 117(2), 109, 74, 352, 351(2), 3(5) and later added section 103(1). She filed an application for regular bail, claiming she was falsely implicated, that the FIR contains only general and omnibus allegations, and that she has no prior criminal record. The State opposed bail, emphasizing the direct allegation against her, the seriousness of the injury leading to death, and alleged misuse of provisional bail. The court, noting her youth, lack of antecedents, prolonged pre‑trial custody since 15‑Nov‑2025, and the vague nature of the allegations, granted bail on a bond of Rs 10,000 with two sureties.
Issues considered
- Whether regular bail can be granted to the accused despite the seriousness of the offence and death of the victim.
- Whether the general and omnibus nature of the FIR allegations precludes the grant of bail.
- Whether alleged prior misuse of provisional bail affects the decision on regular bail.
Legislation cited
- Bhartiya Nyaya Sanhita, 2023 — s. 103(1), 109, 115(2), 117(2), 126(2), 3(5), 351(2), 352, 74
Subjects
- bail
- criminal procedure
- Bhartiya Nyaya Sanhita
- assault
- death of victim
- minor
- omnibus FIR
- pre‑trial detention
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.678 of 2026
Arising Out of PS. Case No.-94 Year-2025 Thana- Shahpur P.S. District- Nawada
======================================================
Menaka Kumari D/O Ram Pravesh Singh R/O Village- Sarkatti, P.S.-
Shahpur, District- Nawada
... ... Petitioner/s
Versus
The State of Bihar Patna
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Anirudh Kumar Sinha, Advocate
For the Opposite Party/s : Mr. Tarun Prasad Mandal, APP
For the Informant : Mr. Birendra Kumar, Advocate
======================================================
CORAM: HONOURABLE MR. JUSTICE PARTHA SARTHY
ORAL ORDER
2 15-01-2026 1. Heard learned counsel for the parties.
2. The petitioner has preferred this application for
grant of regular bail in connection with Shahpur P.S Case no.94
of 2025 registered under sections 126(2), 115(2), 117(2), 109,
74, 352, 351(2) and 3(5) of the Bhartiya Nyaya Sanhita, 2023 in
which section 103 (1) of the Bhartiya Nyaya Sanhita, 2023 was
added subsequently.
3. As per the prosecution case, the informant states
that while he was at his home, the five named accused persons
including the petitioner herein came there and started to hurl
abuses. On his father objecting to the same, it is stated that the
accused persons who were armed with iron rod, khanti etc.
assaulted the informant’s father as a result of which he fell down
Patna High Court CR. MISC. No.678 of 2026(2) dt.15-01-2026
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unconscious. He was taken to the hospital for treatment.
4. Learned counsel for the petitioner submits that the
injured having died in course of treatment, section 103 (1) of the
Bhartiya Nyaya Sanhita, 2023 was added. It is submitted that
the petitioner herein happens to be a 19 year old lady and has
been falsely implicated in the case. The allegations even in the
FIR are general and omnibus in nature. The petitioner is in
custody since 15.11.2025 and has no criminal antecedent. She
undertakes to cooperate in the investigation/trial.
5. The application for bail is opposed by learned A.P.P
for the State and learned counsel for the informant. Learned
counsel for the informant submits that the petitioner is named in
the FIR with direct allegation of assault against her. The injuries
caused by the petitioner and others were so grave that it was
only a day after the occurrence that the father of the informant
died. Learned counsel further submits that the petitioner also
misused the provisional bail and did not surrender in the learned
Court below, as directed.
6. Having heard learned counsel for the parties and
having perused the contents of the petition, taking into
consideration the general and omnibus allegation against the
accused persons including the petitioner herein together with the
Patna High Court CR. MISC. No.678 of 2026(2) dt.15-01-2026
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petitioner being a 19 year old lady having no criminal
antecedent and her having remained in custody since
15.11.2025, the petitioner is directed to be enlarged on bail in
connection with Shahpur P.S Case no.94 of 2025 on furnishing
bail bond of Rs.10,000/- (Rupees Ten Thousand) with two
sureties of the like amount each to the satisfaction of the learned
Additional Chief Judicial Magistrate-VI, Nawada.
(Partha Sarthy, J)
Shiv/-
U T
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