Poonam Devi v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.67223 of 2025 Arising Out of PS. Case No.-286 Year-2024 Thana- LALIT NARAYAN UNIVERSITY District- Darbhanga ====================================================== Poonam Devi, wife of Shankar Sharma, resident of Mohalla-Balu Ghat, Ward No.6, P.S.-L.N.M.U., District-Darbhanga.

... ... Petitioner

Versus

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

For the Petitioner :

Mr. Shaishav Kumar, Advocate For the State :

Mr. Murli Dhar, APP For the Informant :

Mr. Kumar Rajeev, Advocate ====================================================== CORAM: HONOURABLE MR. JUSTICE CHANDRA SHEKHAR JHA ORAL ORDER 05-02-2026 Heard learned counsel for the petitioner and learned Additional Public Prosecutor for the State duly assisted by learned counsel appearing for the informant.

2. The accused/petitioner seeks bail in connection with University (LNMU) P.S. Case No.286 of 2024 registered for the offences punishable under Sections 126(2), 115(2), 109, 74, 352, 351(2) read with 3(5) of the Bhartiya Nyaya Sanhita, 2023 (for short 'B.N.S.').

3. The accused/petitioner is named in the FIR and is in custody since 02.05.2025.

4. Allegation against petitioner is to assault the informant and other family members along with other co-

2/4 accused persons, causing head and bodily injuries, which was made with intention to cause death. As per FIR, the occurrence took place out of trivial neighbourhood disputes arising out of issue of mobile theft.

5. It is submitted by learned counsel appearing for petitioner that as per FIR, the occurrence took place in two parts. As per first allegation, the son of informant namely, Pravesh Kumar was assaulted by Sumit Kumar on 10.10.2024 at about 4.00 pm by using iron pipe. It is submitted that the alleged assault was made on head whereafter, he becomes senseless and when the informant's family members reported this matter to the family of Sumit Kumar, they also assaulted the informant and others. It is submitted that the allegation as to made physical assault is appearing very much general and omnibus in nature against petitioner, who is a lady of clean antecedent. While concluding argument, it is submitted that investigation of this case is already completed, for which, charge-sheet has submitted and, as such, there is no chance of tampering with the evidence.

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6. Learned APP duly assisted by Mr. Kumar Rajeev, learned counsel appearing for informant while opposing the prayer of bail submitted that during the course of treatment injured Pravesh Kumar was died but, he fairly conceded that he was assaulted specifically by Sumit Kumar as submitted aforesaid.

7. In view of aforesaid factual submissions and by taking note of fact as allegation of fatal assault is not available against this petitioner rather petitioner is facing general and omnibus allegation qua physical assault after the main occurrence, coupled with the fact that investigation of this case is already completed, where petitioner remains in custody since 02.05.2025, accordingly, the petitioner, abovenamed, who is a lady of clean antecedent, is directed to be released on bail furnishing bail bond of Rs.10,000/- (Rupees Ten Thousand) with two sureties of the like amount each to the satisfaction of the learned Chief Judicial Magistrate, Darbhanga in connection with University (LNMU) P.S. Case No.286 of 2024, subject to the conditions as laid down under Section 437(3) of the Code of Criminal Procedure (for short

4/4 'CrPC')/under Section 480(3) of the Bhartiya Nagrik Suraksha Sanhita (for short 'BNSS').

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