Juhi Kumari v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.59611 of 2025 Arising Out of PS. Case No.-422 Year-2025 Thana- WAJIRGANJ District- Gaya ====================================================== Juhi Kumari S/o Nishant Kumar R/o vill- Jamuawa, P.S.- Wajirganj, DistGaya ... ... Petitioner/s

Versus

The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr. Madhav Raj, Adv For the Opposite Party/s :

Mr. Satya Nand Shukla, APP For the Informant :

Mr. Shailesh Kumar, Adv ====================================================== CORAM: HONOURABLE MR. JUSTICE CHANDRA SHEKHAR JHA ORAL ORDER 08-10-2025 Heard learned counsel appearing on behalf of the petitioner and learned APP appearing on behalf of the State.

2. The petitioner seeks bail in connection with Wajirganj P.S. Case No. 422 of 2025 registered for the offences under Sections 126, 115(2), 118(1), 118(2) and 109 of the Bharatiya Nyaya Sanhita.

3. The petitioner is named in the F.I.R. and is in custody since 29.06.2025.

4. The allegation against the petitioner is to stab her own son aged about 16 months while preparing tea in kitchen.

5. Learned counsel appearing on behalf of the petitioner submitted that there is no requirement of any psychological report in the present case in terms of order dated 30.08.2025 as same

Patna High Court CR. MISC. No.59611 of 2025(3) dt.08-10-2025 2/3 was called only as on the date of hearing case diary was not available to ascertain prima-facie nature of injury, which is now available on record. It is submitted that from medical report of injured son of the petitioner it transpires that the injury is simple in nature and was caused by hard and blunt object. In support of his submission learned counsel relied upon paragraph no. 53 of the case diary. It is submitted that considering the nature of injury, it cannot be gathered on its face that petitioner was under intention to cause death of her own son. It is also pointed out that blood stained bedsheet and knife was not seized properly during the course of investigation and was also not sent for forensic examination.

It is also submitted that seizure list only speaks about seizure of knife only and not about blood stained bedsheet. While concluding the argument it is submitted that, petitioner is a lady of clean antecedent and moreover, investigation of this case has already completed, and as such, there is no chance of tampering with the evidence.

6. Learned APP duly assisted by learned counsel for the informant, while opposing the prayer for bail submitted that specific allegation is available against petitioner to stab her own son repeatedly on his throat.

7. In view of aforesaid factual submission and by taking

Patna High Court CR. MISC. No.59611 of 2025(3) dt.08-10-2025 3/3 note of fact as nature of injury upon medical examination on injured son found simple and same also found to be caused by hard and blunt object prima-facie creating doubt qua assault as alleged to be made by knife, which is sharp edged weapon, coupled with the fact as petitioner being lady of clean antecedent, remains in custody since 29.06.2025, accordingly above named petitioner, is directed to be released on bail in connection with Wajirganj P.S. Case No. 422 of 2025 on furnishing bail bond of Rs.10,000/- (Rupees Ten Thousand) with two sureties of the like amount each to the satisfaction of learned Judicial Magistrate 1st Class, Gaya/concerned court, subject to the conditions as mentioned under Section 480(3) of the B.N.S.S.

(Chandra Shekhar Jha, J.) S.Tripathi/- U T