Allowed¶18

Indu Devi v. The State of Bihar

Patna HC2 Feb 2026CR. MISC./85455/2025

Case brief

AI extract

What is this about?

Keywords: regular bail; Bharatiya Nyaya Sanhita Sections 126(2), 115(2), 109, 3(5); khurpi blow; head injury; child victim aged about 10 years; grievous hurt opined without X-ray; Maxo Hospital Patna; lady accused; no criminal antecedent; judicial custody since 22.08.2025; bail bond Rs.10,000/- with two sureties; Judicial Magistrate 1st Class Saran at Chapra; Dariyapur P.S. Case No. 648 of 2024; Patna High Court CR. MISC. No.85455 of 2025, decided 02-02-2026.

What did the court decide?

Regular bail granted: petitioner 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. ¶18

Indu Devi Vs The State of Bihar — Patna HC (2026) — LawSathi Research

What the court decided

AI extract

Outcome

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Issue for consideration

Whether the petitioner (a lady accused in judicial custody since 22.08.2025) is entitled to regular bail in connection with Dariyapur P.S. Case No. 648 of 2024 registered for offences under Sections 126(2), 115(2), 109 and 3(5) of the Bharatiya Nyaya Sanhita.

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Court's answer

Considering the facts and circumstances of the case (single alleged blow, injury opined grievous on report without X-ray, petitioner being a lady with no criminal antecedent and in custody since 22.08.2025), the court was inclined to enlarge the petitioner on bail in connection with Dariyapur P.S. Case No. 648 of 2024.

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Ratio / Principle

The petitioner is directed to be released on bail on furnishing a bail bond of Rs.10,000/- (ten thousand) with two sureties of the like amount each, to the satisfaction of the learned Judicial Magistrate, 1st Class, Saran at Chapra.

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Detailed headnote1 paragraphs

Bail — Regular bail granted (Patna High Court, Ashok Kumar Pandey, J., order dated 02-02-2026). Indu Devi, charged under Sections 126(2), 115(2), 109 and 3(5) of the Bharatiya Nyaya Sanhita in Dariyapur P.S. Case No. 648 of 2024 (District Saran) for allegedly giving a khurpi blow on the head of the informant's son aged about 10 years, enlarged on bail. Counsel argued: dispute between children of the two houses; only one blow; trial court order indicated grievous injury but the Doctor of Maxo Hospital, Patna reported a single head injury and opined it grievous without any X-ray; petitioner is a lady with no criminal antecedent, in judicial custody since 22.08.2025. Informant opposed bail. Held: considering the facts and circumstances, petitioner directed to be released on bail on furnishing bail bond of Rs.10,000/- with two sureties of the like amount each to the satisfaction of learned Judicial Magistrate, 1st Class, Saran at Chapra.

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IN THE HIGH COURT OF JUDICATURE AT PATNA CRIMINAL MISCELLANEOUS No.85455 of 2025

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Arising Out of PS. Case No.-648 Year-2024 Thana- DARIYAPUR District- Saran

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======================================================

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Indu Devi W/O Nanda Ram R/O Village- Darihara Nishak, P.S.- Dariyapur, District- Saran

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... ... Petitioner/s

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Versus

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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) ======================================================

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... ... Opposite Party/s

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CORAM: HONOURABLE MR. JUSTICE ASHOK KUMAR PANDEY ORAL ORDER

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3 02-02-2026

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Heard learned counsel for the petitioner, learned counsel for the Informant and learned APP for the State.

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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.

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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.

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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

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Patna High Court CR. MISC. No.85455 of 2025(3) dt.02-02-2026 2/2

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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.

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

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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, 1^st Class, Saran at Chapra.

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(Ashok Kumar Pandey, J)

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durgesh/-

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U T

Indu Devi v. The State of Bihar

Case brief

What is this about?

What did the court decide?

Indu Devi v. The State of Bihar

Case brief

What is this about?

What did the court decide?

Why is it important?

What the court decided

Issues for consideration

Statutes considered

Procedural history

Parties & counsel

Coram

Case details

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