Sonali Kumari v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.14541 of 2026 Arising Out of PS. Case No.-59 Year-2025 Thana- BODHGAYA District- Gaya ====================================================== 1.
Sonali Kumari D/o-Mahendra Agrawal @ Mahendra Kumar @ Mahendra Prasad. R/o-Village-Hathiyar, P.S.-Bodhgaya, Dist.-Gaya. 2.
Reena Devi W/o-Mahendra Agrawal @Mahendra Kumar @ Mahendra Prasad. R/o-Village-Hathiyar, P.S.-Bodhgaya, Dist.- Gaya. ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr.Onkar Nath, Advocate For the Opposite Party/s :
Mr.Humayou Ahmad Khan, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE ARUN KUMAR JHA ORAL ORDER 01-04-2026 Heard learned counsel for the petitioners and learned APP for the State.
2. In the present case, the petitioners are apprehending their arrest in connection with Bodhgaya P.S. Case No. 59 of 2025 registered for the offences under Sections 126(2), 115(2), 352, 351(2), 351(3), 303(2) & 3(5) of B.N.S.
3. As per prosecution case, the petitioners and other co-accused persons assaulted the informant with rod, danda and bricks. Petitioner no. 1 Sonali Kumari assaulted the informant with rod causing fracture on her head. Further allegation against other co-accused persons is that they also assaulted the informant causing injuries.
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4. Learned counsel for the petitioners submits that the petitioners are innocent and have falsely been implicated in this case. No occurrence in the manner as alleged has ever taken place. The petitioners and informant are next door neighbours. Some altercation took place between them over drainage of sewerage water and some scuffle took place. Petitioner no. 2 has lodged Bodhgaya P.S. Case No. 54 of 2025 for the said occurrence wherein petitioner no. 2 has stated that when the informant caught hold of the daughter of petitioner no. 2, the petitioner no. 1 herein, petitioner no. 2 pushed the informant and she fell down. This version is corroborated from the injury report of the informant as the injury report shows only one injury on the head of the informant which is a lacerated wound of size 1" long on mid of skull.
However, the injury was stated to be grievous due to hairline fracture. Thus, it is evident that there was no serious injury of the informant and absence of said injury alleged in the FIR to be inflicted by the co-accused persons along with the petitioners falsifies the whole allegation. The petitioners are having clean antecedent. Petitioner no. 1 is a teacher and petitioner no. 2 is housewife, who have been unnecessarily dragged in the present case over some petty issue.
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5. Learned APP opposes the submission made on behalf of the petitioners. Learned APP submits that there is specific allegation against petitioner no. 1 to have assaulted on the head of the informant with rod which has been found to be grievous.
6. Having regard to the facts and circumstances and submissions made on behalf of the parties and considering the fact that the petitioners are ladies and also considering the case and counter version and further considering the possibility of false implication, 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, Gaya/concerned court in connection with Bodhgaya P.S. Case No. 59 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
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(Arun Kumar Jha, J) DKS/- U T