Indu Devi v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.85455 of 2025 Arising Out of PS. Case No.-648 Year-2024 Thana- DARIYAPUR District- Saran ====================================================== Indu Devi W/O Nanda Ram R/O Village- Darihara Nishak, P.S.- Dariyapur, District- Saran ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Birmani Kumar, Advocate For the Informant :

Mr. Akshay Tripathi, Advocate Mr. Himanshu Ranjan, Advocate For the State :

Mr. Renuka Ratnakar (App 125) ====================================================== CORAM: HONOURABLE MR. JUSTICE ASHOK KUMAR PANDEY ORAL ORDER 02-02-2026 Heard learned counsel for the petitioner, learned counsel for the Informant and learned APP for the State.

2. The petitioner has prayed for regular bail in a case registered for the offence punishable under Sections 126(2), 115(2), 109 and 3(5) of the Bharatiya Nyaya Sanhita.

3. The case of the prosecution, in short, is that the petitioner has given khurpi blow on the head of the informant's son who is aged about 10 years.

4. Learned counsel for the petitioner has submitted that there was dispute between the children of both the house. Learned counsel for the petitioner has further submitted that there is only allegation of one blow. It has further been submitted that though from the order of the learned trial court it transpires that the nature of injury is grievous yet from the

Patna High Court CR. MISC. No.85455 of 2025(3) dt.02-02-2026 2/2 perusal of injury report it has been reported by the Doctor of Maxo Hospital, Patna that there was only one injury, i.e. head injury and without any X-ray he has opined that nature of injury is grievous. Learned counsel for the petitioner has lastly submitted that the petitioner is a lady having no criminal antecedent and she is in judicial custody since 22.08.2025.

5. Learned counsel for the informant has vehemently opposed the bail application of the petitioner.

6. Considering the aforesaid facts and circumstances of the case, this court is inclined to enlarge the petitioner on bail. The above named petitioner is directed to be released on bail in connection with Dariyapur P.S. Case No. 648 of 2024 on furnishing bail bond of Rs.10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of learned Judicial Magistrate, 1st Class, Saran at Chapra. (Ashok Kumar Pandey, J) durgesh/- U T