Patna High Court
Reema KumariversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- ARUN KUMAR JHA
Holding
The court held that, given the non‑specific allegations and the petitioners' clean antecedent, bail should be granted subject to the conditions prescribed under Section 482(2) of the B.N.S.S.
Summary
The petitioners, three unmarried women aged 20‑22, applied for bail after being implicated in a case (PS No. 514 of 2025) alleging assault on the informant's family under several sections of the B.N.S. The prosecution alleged that the petitioners assaulted the informant's mother with an iron rod, causing a fracture. The petitioners contended they were falsely implicated, highlighting the non‑specific nature of the allegations and their clean antecedents. The informant’s counsel presented a medical report indicating grievous injuries. After considering the submissions and the vague nature of the charges, the court ordered that the petitioners be released on bail with a bond of Rs.10,000 each, two sureties, and conditions under Section 482(2) of the B.N.S.S., including personal appearance in court.
Issues considered
- Whether the petitioners are entitled to bail despite the serious charges under Sections 126(2), 115(2), 118(1), 109, 303(2), 117(2) and 3(5) of the B.N.S.
- Whether the non‑specific nature of the allegations and the petitioners' clean antecedent justify granting bail under Section 482(2) of the B.N.S.S.
Legislation cited
- B.N.S. — s. 109, 115(2), 117(2), 118(1), 126(2), 303(2), 3(5), 482(2)
Subjects
- bail
- criminal procedure
- non‑specific allegations
- women defendants
- Section 482
- Bihar
- assault
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.9905 of 2026
Arising Out of PS. Case No.-514 Year-2025 Thana- CHAPRA MUFFASIL District- Saran
======================================================
1. Reema Kumari D/o Late Jalandher Mahto R/o Vill- Mangaidih, P.S.-
Chhapra Mufassil, Distt- Saran at Chapra
2. Laxmi Kumari D/o Kamal Mahto R/o Vill- Mangaidih, P.S.- Chhapra
Mufassil, Distt- Saran at Chapra
3. Jyoti Kumari D/o Late Jalandher Mahto R/o Vill- Mangaidih, P.S.- Chhapra
Mufassil, Distt- Saran at Chapra
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr.Praveen Kumar, Advocate
Ms. Anju Kumari Sinha, Advocate
For the State : Mr.Rajiv Nayan, APP
For the Informant : Mr. Hemant Kumar, Advocate
======================================================
CORAM: HONOURABLE MR. JUSTICE ARUN KUMAR JHA
ORAL ORDER
2 18-03-2026 Heard learned counsel for the petitioners and learned
APP for the State as well as learned counsel appearing on behalf
of the informant.
2. In the present case, the petitioners are
apprehending their arrest in connection with Chapra Muffasil
P.S. Case No. 514 of 2025 registered for the offences under
Sections 126(2), 115(2), 118(1), 109, 303(2), 117(2), 3(5) of
B.N.S.
3. As per prosecution case, the petitioners and
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other co-accused persons, on some petty issue, assaulted the
informant and his family members with knife, iron rod, stones
and bricks causing injury to them. The allegation against the
petitioners is that they assaulted the mother of the
informant with iron rod on her left and causing fracture of the
palm.
4. Learned counsel for the petitioners submits that
the petitioners are innocent and have falsely been implicated in
this case. They are young girls about 20 to 22 years and the
informant side are agnates and there is counter version. Chapra
Muffasil P.S. Case No. 515 of 2025 has been lodged by co-
accused Banti Kumar against the family members of the
informant. Both sides have received injuries. The allegations
against the petitioners are general and omnibus. The mother of
the informant received injury on hard surface after falling down.
She is an old lady and no one has assaulted her. They are
unmarried girls having clean antecedent.
5. Learned APP as well as learned counsel appearing
on behalf of the informant vehemently oppose the submission
made on behalf of the petitioners. Learned counsel for the
informant submits that the injury report of the mother of the
informant shows she received two injuries on her left hand and
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right leg and a fracture has been found at the base of left hand
and injury was stated to be grievous caused by hard and
blunt object for causing which the allegation against the
petitioners.
6. Having regard to the facts and circumstances and
submissions made on behalf of the parties and considering the
case and counter case and also considering the non-specific
nature of allegation against the petitioners, who are stated to be
unmarried girls, let the petitioners above named, in the event of
their arrest or surrender before the court concerned within a
period of eight weeks from today, be released on bail, on
furnishing bail bonds of Rs.10,000/- (Rupees Ten Thousand
Only) each with two sureties of the like amount each to the
satisfaction of learned Chief Judicial Magistrate, Saran at
Chapra/concerned court in connection with Chapra Muffasil P.S.
Case No. 514 of 2025, subject to the condition as laid down
under Section 482(2) of the B.N.S.S. and other following
conditions :
(i) One of the bailors will be a close
relative of the petitioners.
(ii) The petitioners will remain present
on each and every date fixed by the
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court below, if so required by the
learned trial court.
(Arun Kumar Jha, J)
DKS/-
U T
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