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Patna High Court

Indu DeviversusThe State of Bihar

Decided
Disposal
ALLOWED

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

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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