Soni Kumari v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.41783 of 2026 Arising Out of PS. Case No.-93 Year-2026 Thana- PIPRA District- Supaul ====================================================== 1.
Soni Kumari Wife of Bhavesh Kumar @ Bhavesh Kumar Sah Resident of village - Thumha, Police Station - Pipra, District - Supaul 2.
Kalpalata Devi Wife of Chandra Shekhar Sah Resident of village - Thumha, Police Station - Pipra, District - Supaul ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr. Vikram Singh, Adv For the Opposite Party/s :
Mr. Pranav Kumar, APP For the Informant :
Ms. Pooja Prasad, Adv :
Mr. Rishi Sinha, Adv :
Mr. Manoj Kr. Adv :
Mr. Uday Chand Prasad, Adv ====================================================== CORAM: HONOURABLE MR. JUSTICE CHANDRA SHEKHAR JHA ORAL ORDER 30-06-2026 Heard the parties.
2. The petitioners are named in the F.I.R. and apprehending their arrest in connection with Pipra P.S. Case No. 93/2026 registered for the offences punishable under Sections 126(2), 115(2), 117(2), 109, 303(2), 352, 351(2) and 3(5) of the BNS.
3. The allegation against petitioner no. 1 is alleged to assault son of informant during the occurrence by lathi and allegation against petitioner no. 2 is to snatch golden chain from the neck of the son of the informant worth Rs. 40,000/-.
4. It is submitted by learned counsel appearing on behalf of the petitioners that injury report of son of informant
Patna High Court CR. MISC. No.41783 of 2026(2) dt.30-06-2026 2/3 namely Bhupati Kumar upon medical examination found simple in nature. It also appears from the injury report that the alleged assault was not repeated. It is further pointed out that both petitioners during the occurrence also received injuries, which not appears explained by the informant side, while authoring the FIR. It is pointed out that allegation qua committing theft of golden chain from the neck of the son of the informant is only to aggravate the allegation. It is submitted that allegation of repeated assault is not appearing corroborating from the injury report of injured Bhupati Kumar and also same found simple in nature, therefore, allegation as to assault with "intention to cause death" against petitioner no. 1 is not appearing convincing. Petitioner no. 1 claimed clean antecedent and petitioner no. 2 found involved in one case, where she is on bail.
5. Learned APP duly assisted by learned counsel for the informant while opposing the prayer of bail submitted that alleged assault caused by petitioner no. 1 found on the vital part of the body i.e., head, which prima-facie suggest that petitioner no. 1 was under intention to cause death of injured, whereas it is conceded that injury was simple in nature.
6. In view of aforesaid factual submission and by taking note of fact as injury as alleged to be caused by petitioner
Patna High Court CR. MISC. No.41783 of 2026(2) dt.30-06-2026 3/3 no. 1 found simple in nature, accordingly both above-named petitioners, in the event of their arrest or surrender before the court below within a period of four weeks, are directed to be released on bail, furnishing bail bond of Rs. 10,000/- (Rupees Ten Thousand) each with two sureties of the like amount each to the satisfaction of the learned JM 1st Class, Supaul/concerned Court, where the case is pending in connection with Pipra P.S. Case No. 93/2026, subject to the conditions as laid down under Section 482(2) of BNSS.
(Chandra Shekhar Jha, J) S.Tripathi/- U T