Rupam Kumari @ Roopam Kumari v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.89726 of 2024 Arising Out of PS. Case No.-102 Year-2024 Thana- NATIONAL HIGHWAY DistrictSamastipur ====================================================== Rupam Kumari @ Roopam Kumari W/O Rajeev Ranjan R/O VillageSadipur, P.S- N. H. Bangra, Distt.- Samastipur (Bihar). ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr.Madhav Kumar, Adv.
For the Opposite Party/s :
Mr.Ajay Kumar Jha, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE KHATIM REZA ORAL ORDER 19-04-2025 Heard learned counsel for the petitioner and learned Additional Public Prosecutor for the State.
2. At the very outset, learned counsel for the petitioner seeks permission to make the necessary correction in the prayer portion of the bail petition.
3. Permission is granted.
4. The petitioner apprehends arrest in connection with N.H. Bangra PS Case No. 102 of 2024 dated 01-08-2024, instituted under Sections 126(2), 115(2), 352, 351(2), 109 and 3(5)of the Bharatiya Nyaya Sanhita, 2023.
5. As per the FIR, on 21.07.2024, the informant, who is the mother-in-law of the petitioner, was allegedly assaulted by the petitioner and her husband at her residence in Sadipur. It is
Patna High Court CR. MISC. No.89726 of 2024(3) dt.19-04-2025 2/3 alleged that the petitioner attempted to attack her with a paghariya (Dabia) on the neck with intent to kill. However, the informant managed to block the attack with her left hand, resulting in a severe injury to her left hand. The motive behind the alleged assault is said to be an ongoing property dispute, wherein the petitioner had been pressuring the informant to transfer her property in her favour. Following the incident, the informant was taken by her relatives to a hospital in Tajpur, and owing to the seriousness of her injuries, she was subsequently referred to Sadar Hospital, Samastipur.
6. Learned counsel for the petitioner submits that the petitioner is innocent and she has been falsely implicated in the present case. It is further submitted that the injury report of the informant, Saraswati Devi, does not support the allegations levelled against the petitioner. The doctor has opined that the nature of the injury, as mentioned in the injury report, is grievous and caused by a hard and blunt object. The injury report of the informant contradicts the case of the prosecution. It is also submitted that the informant is the mother-in-law of the petitioner. Lastly, it is submitted that the petitioner has no criminal antecedents.
7. Learned APP has opposed the prayer for bail.
Patna High Court CR. MISC. No.89726 of 2024(3) dt.19-04-2025 3/3 8.Having considered the facts and circumstances of the case and submissions of learned counsel for the parties, in the event of arrest or surrender before the Court below within six weeks from today, the petitioner be released on bail upon furnishing bail bonds of Rs. 10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of the learned Judicial Magistrate 1st Class, Samastipur, in N.H. Bangra PS Case No. 102 of 2024, subject to the conditions laid down in Section 482(2) of the Bharatiya Nagarik Suraksha Sanhita, 2023.
9. The application stands allowed.
(Khatim Reza, J) shyambihari/- U