Patna High Court
Indu DeviversusThe State of Bihar
- Decided
- Disposal
- ALLOWED
- Bench
- ASHOK KUMAR PANDEY
Holding
The court granted regular bail to the petitioner.
Summary
The petitioner, Indu Devi, sought regular bail in a criminal case registered under Sections 126(2), 115(2), 109 and 3(5) of the Bharatiya Nyaya Sanhita for allegedly striking the 10‑year‑old son of the informant with a khurpi. The prosecution alleged that the blow caused a grievous head injury, while the petitioner contended that only a single, non‑serious injury occurred and that she has no prior criminal record. The petitioner’s counsel highlighted a medical report from Maxo Hospital indicating a single head injury without X‑ray confirmation of grievous nature. The informant’s counsel opposed bail, emphasizing the seriousness of the alleged hurt. After considering the facts, the court found the injury not sufficiently serious to deny bail and ordered the petitioner released on a bail bond of Rs.10,000 with two sureties, directing compliance with the Judicial Magistrate, 1st Class, Saran.
Issues considered
- Whether the petitioner is entitled to regular bail despite allegations of grievous hurt under Sections 126(2), 115(2), 109 and 3(5) of the Bharatiya Nyaya Sanhita
- Whether the nature and severity of the alleged injury justify denial of bail
Legislation cited
- Bharatiya Nyaya Sanhita — s. 109, 115(2), 126(2), 3(5)
Subjects
- bail
- grievous hurt
- assault
- Bharatiya Nyaya Sanhita
- criminal procedure
- medical evidence
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.85455 of 2025
Arising Out of PS. Case No.-648 Year-2024 Thana- DARIYAPUR District- Saran
======================================================
Indu Devi W/O Nanda Ram R/O Village- Darihara Nishak, P.S.- Dariyapur,
District- Saran
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Birmani Kumar, Advocate
For the Informant : Mr. Akshay Tripathi, Advocate
Mr. Himanshu Ranjan, Advocate
For the State : Mr. Renuka Ratnakar (App 125)
======================================================
CORAM: HONOURABLE MR. JUSTICE ASHOK KUMAR PANDEY
ORAL ORDER
3 02-02-2026 Heard learned counsel for the petitioner, learned
counsel for the Informant and learned APP for the State.
2. The petitioner has prayed for regular bail in a case
registered for the offence punishable under Sections 126(2),
115(2), 109 and 3(5) of the Bharatiya Nyaya Sanhita.
3. The case of the prosecution, in short, is that the
petitioner has given khurpi blow on the head of the informant’s
son who is aged about 10 years.
4. Learned counsel for the petitioner has submitted
that there was dispute between the children of both the house.
Learned counsel for the petitioner has further submitted that
there is only allegation of one blow. It has further been
submitted that though from the order of the learned trial court it
transpires that the nature of injury is grievous yet from the
Patna High Court CR. MISC. No.85455 of 2025(3) dt.02-02-2026
2/2
perusal of injury report it has been reported by the Doctor of
Maxo Hospital, Patna that there was only one injury, i.e. head
injury and without any X-ray he has opined that nature of injury
is grievous. Learned counsel for the petitioner has lastly
submitted that the petitioner is a lady having no criminal
antecedent and she is in judicial custody since 22.08.2025.
5. Learned counsel for the informant has vehemently
opposed the bail application of the petitioner.
6. Considering the aforesaid facts and circumstances
of the case, this court is inclined to enlarge the petitioner on
bail. The above named petitioner is directed to be released on
bail in connection with Dariyapur P.S. Case No. 648 of 2024 on
furnishing bail bond of Rs.10,000/- (ten thousand) with two
sureties of the like amount each to the satisfaction of learned
Judicial Magistrate, 1st Class, Saran at Chapra.
(Ashok Kumar Pandey, J)
durgesh/-
U T
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