Sofia @ Sofiya Vs The State of Bihar — Murder and Culpable Homicide | Patna HC (2025)

Sofia @ Sofiya Vs The State of Bihar — Murder and Culpable Homicide | Patna HC (2025)

What the court decided

AI extract

Outcome

Release on bail on furnishing bail bonds of Rs.10,000/- (Ten thousand) with two sureties of the like amount each to the satisfaction of learned Judicial Magistrate-1st Class, Araria, in connection with Jokihat P.S. Case No.358 of 2023.

Issue for consideration

Whether the petitioner, in custody since 05.04.2025 for the offence under Sections 302/34 of the Indian Penal Code in connection with Jokihat P.S. Case No.358 of 2023, should be released on regular bail.

Court's answer

On perusal of the FIR, the impugned order dated 16.05.2025, the case diary and the post-mortem report, there is no specific allegation against the petitioner, and the reason of death is hemorrhage and shock as a result of a heart injury caused by a sharp object.

Ratio / Principle

Considering the aforesaid facts and circumstances and the submissions of learned counsel for the petitioner, the petitioner was directed to be released on bail on furnishing bail bonds of Rs.10,000/- with two sureties of the like amount each to the satisfaction of the learned Judicial Magistrate-1st Class, Araria, in connection with Jokihat P.S. Case No.358 of 2023.

Detailed headnote1 paragraphs

High Court of Judicature at Patna (Ramesh Chand Malviya, J), by order dated 08-10-2025 in CRIMINAL MISCELLANEOUS No.44579 of 2025, granted regular bail to Sofia @ Sofiya D/o Nizamuddin, a woman detainee in custody since 05.04.2025 in a case registered under Sections 302/34 of the Indian Penal Code arising out of Jokihat P.S. Case No.358 of 2023, District Araria. Perusing the First Information Report, the impugned order dated 16.05.2025, the case diary and the post-mortem report of the deceased, the Court found that there is no specific allegation against the petitioner and that the reason of death was hemorrhage and shock as a result of a heart injury caused by a sharp object. Considering these facts and circumstances together with the submissions of learned counsel for the petitioner (who had urged that the allegation against her was general and omnibus, that the specific allegation of assaulting the informant's son on the chest and upper part of the waist was against co-accused Sammat, and that the petitioner, a lady, had no criminal antecedent as stated in para-3 of the bail petition), the Court directed her release on 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, Araria. The learned APP opposed the bail prayer.

IN THE HIGH COURT OF JUDICATURE AT PATNA CRIMINAL MISCELLANEOUS No.44579 of 2025

Arising Out of PS. Case No.-358 Year-2023 Thana- JOKIHAT District- Araria

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Sofia @ Sofiya Daughter of Nizamuddin Resident Of Village -Rahi Tola Sisona Ward No 06 Police Station -Jokihat District -Araria

... ... Petitioner/s

Versus

The State of Bihar

... ... Opposite Party/s

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Appearance :

For the Petitioner/s : Mr. Mukesh Kumar Rana, Advocate For the Opposite Party/s : Mr. Nirmal Kumar Sinha, APP

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CORAM: HONOURABLE MR. JUSTICE RAMESH CHAND MALVIYA

ORAL ORDER

4 08-10-2025 Heard learned counsel for the petitioner and learned APP for the State.

Petitioner is in custody in a case registered for the offence under Sections 302/34 of the Indian Penal Code.

As per the prosecution case, it is alleged that the accused persons including present petitioner armed with knife and sharp objects came at the house of the informant and started assaulting her after which her son came, the accused persons started assaulting the informant’s son with sharp weapon on his chest and above the waist and on the way to the hospital informant’s son died.

Learned counsel for the petitioner submits that petitioner is innocent and has falsely been implicated in this case. He further submits that there is no specific allegation against the present petitioner rather there is general and omnibus allegation against the present petitioner. He further submits that specific allegation is against co-accused person, namely,

Patna High Court CR. MISC. No.44579 of 2025(4) dt.08-10-2025 2/2

Sammat that he had assaulted the informant’s son on chest by sharp cut weapon and by knife on his upper part of the waist. He next submits that petitioner is a lady and she is in custody since 05.04.2025. He further submits that petitioner has got no criminal antecedent as stated in para-3 of the bail petition.

Learned APP for the State opposes the prayer for Regular bail of the petitioner.

On perusal of the First Information Report, impugned order dated 16.05.2025 along with case diary and post-mortem report of the deceased, it appears that there is no specific allegation against the petitioner and reason of death is due to hemorrhage and shock as a result of heart injury caused by sharp object. So considering the aforesaid facts and circumstances of the case as well as the submissions of the learned counsel for the petitioner, let the above named petitioner be released on bail, on her furnishing bail bonds of Rs.10,000/(Ten thousand) with two sureties of the like amount each to the satisfaction of learned Judicial Magistrate-1st Class, Araria in connection with Jokihat P.S. Case No.358 of 2023.

(Ramesh Chand Malviya, J)

Harshita/- U T