Rina Kumari v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.17862 of 2026 Arising Out of PS. Case No.-480 Year-2025 Thana- KAUWAKOL District- Nawada ====================================================== Rina Kumari, wife of Umesh Sao, Resident of Village- Lalpur, P.S.- Kowalol Dist- Nawada ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr. Sunil Kumar, Advocate.
For the State :
Mr. Raj Ballabh Singh, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE JITENDRA KUMAR ORAL ORDER 06-05-2026 Heard learned counsel for the petitioner and learned APP for the State.
2. The petitioner seeks bail, apprehending her arrest, in connection with Kowakol P.S. Case No. 480 of 2025 dated 01.12.2025 registered for the offences punishable under Sections 191(2), 191(3), 190, 329(3), 324(4)(5), 115(2), 118(1), 117(2), 109, 103(1) and 61(2) of B.N.S.
3. As per allegation, petitioner and other co-accused persons started breaking the boundary wall of the informant. They also damaged the asbestos roof of the house of the cousin of the informant. They were armed with khanti, spade, tangi and sword. When their act was opposed by the informant, his cousin and the wife of his cousin, all of them brutally assaulted them causing a number of injuries to them and the cousin of the
2/4 informant died while being taken to the hospital.
4. Learned counsel for the petitioner submits that the Petitioner is innocent and has falsely been implicated in this case. He further submits that similarly situated co-accused Pinki Kumari has been already enlarged on anticipatory bail by a coordinate Bench of this Court vide order dated 03.04.2026 passed in Cr. Misc. 14848 of 2026. He also submits that there is no specific allegation against the petitioner in the First Information Report.
5. It is also stated in paragraph no. 2 of the bail petition that the petitioner has not moved this Court earlier either for anticipatory bail or regular one in the instant case.
6. It has further been stated in paragraph no.3 of the bail petition that the petitioner has no criminal antecedents.
7. However, learned counsel for the informant and learned APP for the State vehemently oppose the prayer of the Petitioner for bail submitting that as per the re-statement of the informant under Section 161 Cr.PC, the petitioner had supplied khanti to the main assailant and co-accused Pinki Kumari who has got anticipatory bail by a co-ordinate Bench of this Court had supplied spade to her husband by which he assaulted one of the victims causing grievous injury.
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8. I considered the submission advanced by both the parties and perused the materials on record.
8. Considering the fact that there is no specific allegation against the petitioner in the First Information Report and similarly situated co-accused has been enlarged on anticipatory bail by a co-ordinate Bench of this Court, this petition is allowed, directing the petitioner, above-named, to be enlarged on bail, in the event of her arrest or surrender before the court below within a period of eight weeks from the date of receipt / production of a copy of this order, on her furnishing bail bonds in the sum of Rs. 10,000 /- (Ten Thousand) with two sureties of the like amount each to the satisfaction of learned concerned court below in connection with Kowakol P.S. Case No. 480 of 2025, subject to the conditions as laid down under Section 482 (2) of the B.N.S.S 2023, and on the following conditions:
(i) In case, it is brought to the notice of the court below that the petitioner has any criminal antecedent, learned court below shall cancel the bail bonds of the petitioner after hearing her and getting satisfied that the petitioner has concealed her criminal antecedents despite her knowledge of the same.
4/4 (ii) In case, it is brought to the notice of the court below that statement regarding previous bail petition is wrong, learned court below shall cancel the bail bonds of the petitioner. (Jitendra Kumar, J) S.Ali/- U T