Shobha Devi v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.22634 of 2026 Arising Out of PS. Case No.-150 Year-2025 Thana- RAJPUR District- Rohtas ====================================================== Shobha Devi W/o Pappu Giri R/o Village- Rajpur, PS- Rajpur, Ward no. 2, Dist- Rohtas ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== with CRIMINAL MISCELLANEOUS No. 35621 of 2026 Arising Out of PS. Case No.-150 Year-2025 Thana- RAJPUR District- Rohtas ====================================================== Pappu Giri son of Late Arjun Giri Resident of Village -Rajpur, Po and PS -Rajpur, Ward no. 2, Dist -Rohtas ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
(In CRIMINAL MISCELLANEOUS No. 22634 of 2026) For the Petitioner/s :
Mr.Rajani Kant Singh, Advocate For the Opposite Party/s :
Mr.Murli Dhar, APP For the Informant : Mr. Ashwani Kumar Tiwary, Advocate (In CRIMINAL MISCELLANEOUS No. 35621 of 2026) For the Petitioner/s :
Mr.Rajani Kant Singh, Advocate For the Opposite Party/s :
Mrs.Renu Kumari, APP For the Informant : Mr. Ashwani Kumar Tiwary, Advocate ====================================================== CORAM: HONOURABLE MR. JUSTICE ARUN KUMAR JHA ORAL ORDER 15-07-2026 Heard learned counsel for the petitioners and learned APP for the State as well as learned counsel appearing on behalf of the informant.
02. In the present case, the petitioners seek bail in connection with Rajpur P.S. Case No. 150 of 2025 registered for the alleged offences under Sections 103(1), 3(5) of BNS.
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03. As per prosecution case, twenty years old son of the informant had gone outside for his work and at about 11.00 in the night the informant woke up hearing the cry of her son. The informant also heard the shout of the petitioners and their minor son. When the petitioners opened the door of the house, they were found carrying lathi, danda, bricks and stones and they were assaulting the son of the informant, who was found in unconscious state. The injured was taken to Primary Health Centre and thereafter to Sadar Hospital where he died during treatment.
04. Learned counsel for the petitioners submits that the petitioners are innocent and have been falsely implicated in this case. There is no specific allegation against the petitioners, who were neither assailant nor participated in the whole occurrence. The FIR shows that the informant is not an eye witness and merely on suspicion she has named these petitioners for being involved and assaulted her son, who are none else but the sister-in-law and the brother-in-law of the informant, respectively. The informant has filed the case suppressing real fact. The petitioners are in custody since 30.10.2025 and they are having clean antecedent. Charge sheet has been submitted.
05. Learned APP as well as learned counsel appearing
3/4 on behalf of the informant vehemently oppose the submission made on behalf of the petitioners. Learned counsel for the informant submits that the specific allegation against the petitioners is that they assaulted the deceased son of the informant by means of lathi, danda, bricks and stones and caused serious injury to him and son of the informant succumbed to his injuries during treatment. Learned counsel also submits that the independent witnesses examined during investigation have stated that they reached the place of occurrence on hearing commotion and the deceased was taken to Primary Health Centre for treatment.
06. Having regard to the facts and circumstances and submissions made on behalf of the parties and considering the nature of allegation for causing the death of the son of the informant, I am not inclined to enlarge the petitioner Pappu Giri on bail and hence, his prayer for bail is rejected.
07. However, considering the fact that the petitioner Shobha Devi is a lady and also considering the non-specific nature of allegation against her, her period of custody, clean antecedent and submission of charge sheet, the petitioner Shobha Devi is directed to be released on bail on furnishing bail bonds of Rs. 10,000/- (Ten Thousand) with two sureties of the
4/4 like amount each to the satisfaction of learned Judicial Magistrate, Ist Class, Bikramganj, District - Rohtas/concerned Court in connection with Rajpur P.S. Case No. 150 of 2025, subject to the conditions mentioned in Section 480(3) of B.N.S.S. and also the following conditions :
(i) One of the bailors will be a close relative of the petitioner.
(ii) The petitioner will remain present on each and every date fixed by the court below. (iii) In case of absence on three consecutive dates or in violation of the terms of the bail, the bail bond of the petitioner will be liable to be cancelled by the court concerned.
(Arun Kumar Jha, J) DKS/- U T