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Patna High CourtCR. MISC./84442/2025allowed

Sunita Devi @ Shweta Kumari v. The State Of Bihar

2025-12-16Mr. Justice Harish Kumar3 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.84442 of 2025 Arising Out of PS. Case No.-458 Year-2025 Thana- HILSA District- Nalanda ====================================================== Sunita Devi @ Shweta Kumari Wife of Ranjeet Kumar Resident of village - Chakjohra Kala, Police Station - Hilsa, District - Nalanda. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Anil Kumar Singh, Adv.

For the Opposite Party/s :

Mr. Sunil Kumar Pandey, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE HARISH KUMAR ORAL ORDER 16-12-2025 Heard the learned Advocate for the petitioner and the learned Additional Public Prosecutor for the State.

2. The petitioner apprehends her arrest in connection with Hilsa P.S. Case No. 458 of 2025, registered for the offences punishable under Sections 126(2), 115(2), 109(1), 303(2), 351(2), 352 and 3(5) of the BNS, 2023.

3. The allegation against the petitioner is of causing assault to the son of the informant along with co-accused persons by means of lathi, danda and iron rod, leading to serious injuries, besides further allegation against other accused persons of causing assault to the informant and others also.

4. Learned Advocate for the petitioner submitted that with regard to an occurrence, which took place in the evening of 09.07.2025, the present FIR came to be instituted on

Patna High Court CR. MISC. No.84442 of 2025(2) dt.16-12-2025 2/3 12.07.2025, without there being any explanation for delay. Moreover, the petitioner is a woman having fair antecedent, facing omnibus allegation of causing assault to the son of the informant. The injury is not specifically attributed to the petitioner, though one of the injury is found to be grievous in nature. Referring to the injury report, learned Advocate for the petitioner further contended that the same has also been procured from a private nursing home and the same is also doubtful for the simple reason that it is mentioned that the patient came to hospital on 08.07.2025, though the occurrence took place in the evening of 09.07.2025. The petitioner undertakes that she will fully co-operate in the proceeding of the Court.

5. On the other hand, learned Advocate for the State opposed the pre-arrest bail application and submits that specifically petitioner assaulted the informant along with other co-accused persons, leading to grievous injury.

6. Having considered the submissions advanced by learned Advocate for the respective parties and taking note of the fact that the petitioner is woman, having fair antecedent, besides omnibus allegation as well as delay in lodging of the FIR, let the petitioner above named be released on bail, in the

Patna High Court CR. MISC. No.84442 of 2025(2) dt.16-12-2025 3/3 event of her arrest or surrender before the court below within a period of four weeks from the date of receipt/production of a copy of this order, upon furnishing bail bonds of Rs.10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of the learned Additional Chief Judicial MagistrateI, Hilsa, Nalanda in connection with Hilsa P.S. Case No. 458 of 2025, subject to the conditions laid down in Section 482(2) of the Bharatiya Nagrik Suraksha Sanhita, 2023 with the further condition that one of the bailors shall be the own/close family members of the petitioner.

(Harish Kumar, J) shivank/- U T