Sham Sundari Devi v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.14858 of 2026 Arising Out of PS. Case No.-274 Year-2025 Thana- DAUDPUR District- Saran ====================================================== Sham Sundari Devi Wife of Jitendra Ray R/O Village Beldari, P.S.- Daudpur, Dist.- Saran.
... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr. Sanjeet Kumar Singh, Adv.
For the Opposite Party/s :
Mr. Sanjay Kumar, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE HARISH KUMAR ORAL ORDER 17-06-2026 Heard learned Advocate for the petitioner and learned APP for the State.
2. The petitioner apprehends his arrest in connection with Daudpur P.S. Case No.274 of 2025 registered for the offences punishable under Sections 126(2), 115(2), 118(1), 109 and 3(5) of the BNS.
3. The allegation against the petitioner is of causing assault on the head of the informant's husband by means of Garasi, along with co-accused Anita Devi, who also assaulted him by means of an iron rod. There is further allegation that the other accused persons also assaulted the informant and other family members.
4. Learned Advocate for the petitioner, submitted that with regard to an occurrence which took place in the noon of
Patna High Court CR. MISC. No.14858 of 2026(5) dt.17-06-2026 2/3 31.10.2025, the present FIR has been instituted on 02.11.2025, and as such deliberation and exaggeration of the accusation cannot be ruled out. The petitioner is a woman having fair antecedent and only in order to put pressure and wreak vengeance, the present case has been instituted by making a specific allegation against the female members of the family. The genesis of the occurrence is writ large from the FIR that both the parties were bickering over a part of land. Moreover, there is a counter version of the present case being Daudpur PS Case No. 275 of 2025, and in the said incident the persons of the petitioner's side also sustained injury.
It is further contended that although the injury sustained by the informant's husband has been opined to be grievous in nature, however, the allegation with regard to the said injury has been attributed to two female members of the family, including the petitioner; moreover, the other accused persons are also alleged to have participated in the assault. Therefore, the petitioner cannot be attributed with sole responsibility for the injury sustained to the informant's husband. The petitioner bears fair antecedent.
5. On the other hand, learned Advocate for the State vehemently opposed the bail application and submitted that though the petitioner is a woman, there is a specific accusation
Patna High Court CR. MISC. No.14858 of 2026(5) dt.17-06-2026 3/3 that she assaulted the husband of the informant by means of a Garasi, due to which he sustained grievous injury.
6. Having considered the submissions advanced by the learned Advocates for the respective parties and taking note of the fact that the petitioner is a woman having fair antecedent and allegation of assault has been attributed to two persons, including the petitioner, besides the factum of case and counter case and the genesis of the occurrence, let the above named petitioner, be released on bail, in the event of his arrest or surrender before the learned Court below within a period of four weeks from today, 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 in connection with Daudpur P.S. Case No.274 of 2025, subject to the condition as laid down under Section 482(2) of the BNSS, with further condition that one of the bailors shall be the own/close family members of the petitioner. (Harish Kumar, J) rohit/- U T