Patna High Court
Sudha DeviversusThe State of Bihar
- Decided
- Disposal
- ALLOWED
- Bench
- ASHOK KUMAR PANDEY
Holding
The court granted regular bail to the petitioner.
Summary
The petition was filed by Sudha Devi, the daughter‑in‑law of a woman who was found dead with a cut neck on 30 September 2025. The prosecution alleged that she was involved in the offence punishable under sections 103(1) and 3(5) of the B.N.S., implicating her husband as the main accused. The petitioner claimed innocence, asserted that she had no criminal antecedents and had been in judicial custody since 1 October 2025, and prayed for regular bail. The State opposed the bail application. After hearing both sides, the High Court considered the nature of the allegations, the petitioner’s lack of prior record and the circumstances of custody, and decided to enlarge bail on the condition of a bond of Rs 10,000 with two sureties. The order directed her release pending trial.
Issues considered
- Whether regular bail can be granted to the petitioner in a case under sections 103(1) and 3(5) of the B.N.S.
- Whether the petitioner’s lack of criminal antecedent and period of judicial custody justify the grant of bail
Legislation cited
- B.N.S. — s. 103(1), 3(5)
Subjects
- bail
- regular bail
- criminal procedure
- B.N.S.
- section 103
- section 3
- judicial custody
- no antecedent
- murder
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.4975 of 2026
Arising Out of PS. Case No.-158 Year-2025 Thana- KHUTAUNA District- Madhubani
======================================================
Sudha Devi Wife of Atish Kumar @ Raja Kumar R/o Village - Khutauna
Navtoli, P.S.- Khutauna, District - Madhubani
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Hriday Narayan Harshit, Advocate
For the Opposite Party/s : Mr. Shyameshwar Dayal, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE ASHOK KUMAR PANDEY
ORAL ORDER
2 04-02-2026 Heard learned counsel for the petitioner and learned
APP for the State.
2. The petitioner has prayed for regular bail in a case
registered for the offence punishable under sections 103(1) and
3(5) of B.N.S.
3. The case of the prosecution is that the sister of the
informant, namely, Lalita Devi was married to one Raj Kumar
Kamat about 30 years ago. On 30.09.2025, the informant
received information that Lalita Devi has died. When he came to
matrimonial house of the deceased, he found that the body of
the deceased in a pool of blood. According to the informant, the
death was caused by cutting the neck with a sharp cutting
weapon.
4. Learned counsel for the petitioner submits that the
Patna High Court CR. MISC. No.4975 of 2026(2) dt.04-02-2026
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petitioner is innocent and has committed no offence. Learned
counsel for the petitioner has submitted that the petitioner is the
daughter-in-law of the deceased and main thrust of allegation is
against the husband of the deceased. A statement has been made
in para-3 of this petition that the petitioner has got no criminal
antecedent. Moreover, she is languishing in judicial custody
since 01.10.2025.
5. Learned APP appearing for the State has
vehemently opposed the prayer of regular bail.
6. Having heard learned counsel for the parties and
considering the 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
Khutauna P.S. Case No. 158 of 2025 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,
Jhanjharpur, Madhubani.
(Ashok Kumar Pandey, J)
Shubham/-
U T
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