Sharmili Devi v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.16264 of 2026 Arising Out of PS. Case No.-159 Year-2025 Thana- DELHA District- Gaya ====================================================== 1.
Sharmili Devi W/o Nanhku Saw R/o Mohalla- Bageshwari Gumati Bam Baba, P.S- Delha, District- Gaya 2.
Khushabu Devi @ Khushbu Devi @ Khusbu kumari W/o Raju Kumar @ Raju Saw R/o Mohalla- Bageshwari Gumati Bam Baba, P.S- Delha, DistrictGaya 3.
Raju Kumar @ Raju Saw S/o Rajkumar Saw R/o Mohalla- Bageshwari Gumati Bam Baba, P.S- Delha, District- Gaya 4.
Dharam Kumar S/o Nanhku Saw R/o Mohalla- Bageshwari Gumati Bam Baba, P.S- Delha, District- Gaya 5.
Raushan Kumar S/o Nanhku Saw R/o Mohalla- Bageshwari Gumati Bam Baba, P.S- Delha, District- Gaya 6.
Sagar Saw @ Sagar kumar S/o Nanhku Saw R/o Mohalla- Bageshwari Gumati Bam Baba, P.S- Delha, District- Gaya ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr.Vinod Kumar, Advocate For the State :
Mr.Choubey Jawahar, APP For the Informant : Mr. Brij Mohan Das, Advocate ====================================================== CORAM: HONOURABLE MR. JUSTICE ARUN KUMAR JHA ORAL ORDER 06-04-2026 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
2/4 apprehending their arrest in connection with Delha P.S. Case No. 159 of 2025 registered for the offences under Sections 126(2), 115(2), 110, 76, 351(2), 352, 3(5) of B.N.S.
3. As per prosecution case, the petitioners and other co-accused persons entered into the house of the informant and brutally assaulted the informant and her family members.
4. Learned counsel for the petitioners submits that the petitioners are innocent and have falsely been implicated in this case. There is general and omnibus allegation of assault against the petitioners, two of whom are ladies aged about 51 years and 35 years. The injuries are found to be simple in nature except one injury which is stated to be grievous and is on the ring finger of right hand which is not a vital part. There was no intention to cause death and other offences are bailable in nature. The petitioners are 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 petitioners also brutally assaulted the husband of the informant causing injury in his left ear lobe,
3/4 swelling and pain on the head and body whereas the injuries of the informant are swelling and pain over both eyelids in left eye, abdomen and swelling of middle and ring finger in right hand. The injury on the right hand of the informant is stated to be grievous.
6. Having regard to the facts and circumstances and submissions made on behalf of the parties and considering the non-serious nature of injury and also considering the grievous injury is not on any vital part, 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 Delha P.S. Case No. 159 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
4/4 court below, if so required by the learned trial court.
(Arun Kumar Jha, J) DKS/- U T