Patna High Court
Rupesh KumarversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- PRABHAT KUMAR SINGH
Holding
The court held that bail should be granted subject to a bond of Rs.10,000, two sureties and compliance with Section 438(2) of the CrPC.
Summary
The petitioner, Sunita Devi, sought bail fearing arrest in a case registered under IPC sections 341, 323, 504, 379, 307 and 34, alleging she only caused simple injury and that the remaining allegations were exaggerated. The State opposed the bail. The court noted the petitioner’s clean antecedent and the nature of the alleged injury, and applied the provisions of Section 438(2) of the Code of Criminal Procedure. It ordered that the petitioner be released on bail upon furnishing a bond of Rs.10,000 with two sureties of equal amount, to be satisfied by the Chief Judicial Magistrate, Begusarai. The bail was conditioned on surrender within eight weeks and compliance with the terms of Section 438(2).
Issues considered
- Whether bail should be granted to the petitioner in respect of offences under IPC sections 341, 323, 504, 379, 307 and 34.
- Whether the petitioner’s clean antecedent and the nature of the alleged injury justify bail under Section 438(2) of the CrPC.
Legislation cited
- Code of Criminal Procedure — s. 438
- Indian Penal Code — s. 307, 323, 34, 341, 379, 504
Subjects
- bail
- Indian Penal Code
- Section 438 CrPC
- clean antecedent
- sureties
- criminal procedure
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.81262 of 2025
Arising Out of PS. Case No.-30 Year-2024 Thana- NIMACHANDPURA District- Begusarai
======================================================
Rupesh Kumar S/o Mithilesh Poddar R/o Village / Mohalla - Cheria, Ward
No. 10, P.S - Nimachandpura, District - Begusarai
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Shubhesh Pandey, Advocate
For the Opposite Party/s : Mr. Kalyan Shankar , APP
======================================================
CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH
ORAL ORDER
2 09-02-2026 Heard the parties.
2. Petitioner apprehends her arrest in a case registered
for the offence under Sections 341 , 323 , 504, 379, 307, 34 of
the Indian Penal Code .
3 . As per F.I.R. petitioner is alleged to have assaulted
informant by means of iron rod and also snatched cash amount
of Rs. 1600/- from husband of informant.
4. Learned counsel for the petitioner submits that injury
caused by this petitioner is simple in nature . Case and counter
case . Rest of the allegations are ornamental in order to make
the case grave . Petitioner claims clean antecedent.
5 . Learned counsel for the State opposed the bail.
6. Considering the aforesaid facts, clean antecedent
of this petitioner and circumstances, in the event of
Patna High Court CR. MISC. No.81262 of 2025(2) dt.09-02-2026
2/2
arrest/surrender within a period of eight weeks from today, let
the petitioner namely Sunita Devi 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
Chief Judicial Magistrate, Begusarai in connection with
Nimachandpura P.S. Case No. 30 of 2024, subject to condition
as laid down under Section 438(2) of the Code of Criminal
Procedure
(Prabhat Kumar Singh, J)
Koushik/-
U T
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