Patna High Court
Sima Devi @ Sima KumariversusThe State of Bihar
- Decided
- Disposal
- BAIL REJECTED
- Bench
- PRABHAT KUMAR SINGH
Holding
The petition for regular bail was denied.
Summary
The petitioner, Sima Devi, applied for regular bail in a criminal case registered under Sections 115(2), 103(1) and 3(5) of the BNS, alleging that she, along with co‑accused, assaulted the informant's wife with bricks, causing injuries that led to her death. The FIR implicates the petitioner as one of the assailants. The court examined the nature of the accusation, the material evidence on record, and the gravity of the offence. Considering these factors, the court rejected the petitioner's prayer for regular bail. However, the court directed the trial court to expedite the trial and conclude it preferably within one year from receipt of the order.
Issues considered
- Whether the petitioner is entitled to regular bail in a case involving assault leading to death under Sections 115(2), 103(1) and 3(5) of the BNS
Legislation cited
- BNS — s. 103(1), 115(2), 3(5)
Subjects
- bail
- criminal procedure
- assault causing death
- Sections 115(2) BNS
- Sections 103(1) BNS
- Section 3(5) BNS
- high court
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.91584 of 2025
Arising Out of PS. Case No.-92 Year-2025 Thana- NARHATT District- Nawada
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Sima Devi @ Sima Kumari W/o Kamlesh Prasad Yadav @ Kamlesh Yadav
R/o Village - Bajitpur, P.S - Narhat, District - Nawada
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Sheo Kumar Prasad , Advocate
For the Opposite Party/s : Mr. Kalyan Shankar , APP
======================================================
CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH
ORAL ORDER
2 13-02-2026 Heard learned counsel for the petitioner and
learned A.P.Ps. for the State .
2. The petitioner seeks bail in a case registered for
offence under Sections 115 ( 2 ), 103 (1) and 3 (5) of BNS.
3 . As per F.I.R. petitioner along with other co-
accused persons is alleged to have assaulted wife of informant
by means of bricks, as a result of which she sustained injuries
and subsequently , she died while being taken to the hospital.
Petitioner appears to be one of the assailants of the deceased.
4. Considering the nature of accusation, material
available on record, gravity of offence and other circumstances
of the case, the prayer of petitioner for regular bail is rejected.
However, since petitioner is in custody since 09.10.2025 ,
learned Trial Court is directed to expedite and conclude the trial
Patna High Court CR. MISC. No.91584 of 2025(2) dt.13-02-2026
2/2
preferably within the period of one year from the date of
receipt/production of copy of this order.
(Prabhat Kumar Singh, J)
Koushik/-
U T
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