Menaka Kumari v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.678 of 2026 Arising Out of PS. Case No.-94 Year-2025 Thana- Shahpur P.S. District- Nawada ====================================================== Menaka Kumari D/O Ram Pravesh Singh R/O Village- Sarkatti, P.S.- Shahpur, District- Nawada ... ... Petitioner/s
Versus
The State of Bihar Patna ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr. Anirudh Kumar Sinha, Advocate For the Opposite Party/s :
Mr. Tarun Prasad Mandal, APP For the Informant :
Mr. Birendra Kumar, Advocate ====================================================== CORAM: HONOURABLE MR. JUSTICE PARTHA SARTHY ORAL ORDER 15-01-2026
1. Heard learned counsel for the parties.
2. The petitioner has preferred this application for grant of regular bail in connection with Shahpur P.S Case no.94 of 2025 registered under sections 126(2), 115(2), 117(2), 109, 74, 352, 351(2) and 3(5) of the Bhartiya Nyaya Sanhita, 2023 in which section 103 (1) of the Bhartiya Nyaya Sanhita, 2023 was added subsequently.
3. As per the prosecution case, the informant states that while he was at his home, the five named accused persons including the petitioner herein came there and started to hurl abuses. On his father objecting to the same, it is stated that the accused persons who were armed with iron rod, khanti etc. assaulted the informant's father as a result of which he fell down
Patna High Court CR. MISC. No.678 of 2026(2) dt.15-01-2026 2/3 unconscious. He was taken to the hospital for treatment.
4. Learned counsel for the petitioner submits that the injured having died in course of treatment, section 103 (1) of the Bhartiya Nyaya Sanhita, 2023 was added. It is submitted that the petitioner herein happens to be a 19 year old lady and has been falsely implicated in the case. The allegations even in the FIR are general and omnibus in nature. The petitioner is in custody since 15.11.2025 and has no criminal antecedent. She undertakes to cooperate in the investigation/trial.
5. The application for bail is opposed by learned A.P.P for the State and learned counsel for the informant. Learned counsel for the informant submits that the petitioner is named in the FIR with direct allegation of assault against her. The injuries caused by the petitioner and others were so grave that it was only a day after the occurrence that the father of the informant died. Learned counsel further submits that the petitioner also misused the provisional bail and did not surrender in the learned Court below, as directed.
6. Having heard learned counsel for the parties and having perused the contents of the petition, taking into consideration the general and omnibus allegation against the accused persons including the petitioner herein together with the
Patna High Court CR. MISC. No.678 of 2026(2) dt.15-01-2026 3/3 petitioner being a 19 year old lady having no criminal antecedent and her having remained in custody since 15.11.2025, the petitioner is directed to be enlarged on bail in connection with Shahpur P.S Case no.94 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 the learned Additional Chief Judicial Magistrate-VI, Nawada. (Partha Sarthy, J) Shiv/- U T