Patna High Court
Mintu Devi @ Minta DeviversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- PRABHAT KUMAR SINGH
Holding
The Court held that bail should be granted to the petitioner as the allegations against her are not specific, she has no criminal antecedents, and parity with a co‑accused bail order exists.
Summary
Mintu Devi was arrested in connection with an FIR alleging that she and others forcibly entered an informant's house and assaulted the family, resulting in the death of Girja Devi. The prosecution alleged that she handed a spade to her husband, who used it in the assault, but no specific overt act was attributed to her. She filed a bail application, asserting innocence, lack of criminal antecedents, and parity with a co‑accused who had already been granted bail. The State opposed the bail on the seriousness of the offences listed under the Bharatiya Nyaya Sanhita. Considering the general nature of the accusations, her clean record, the length of custody, and the precedent of bail to a co‑accused, the Court allowed the bail application, ordering release on a bail bond of Rs. 10,000 with two sureties.
Issues considered
- Whether the petitioner, alleged only to have handed over a spade, is entitled to bail despite the serious charges under the Bharatiya Nyaya Sanhita.
- Whether the principle of parity with a co‑accused already on bail warrants granting bail to the petitioner.
- Whether the length of pre‑trial custody and the petitioner’s clean antecedents justify bail.
Legislation cited
- Bharatiya Nyaya Sanhita — s. 103(1), 109(1), 115(2), 118, 126(2), 3(5), 351(2)
Subjects
- bail
- criminal procedure
- assault
- homicide
- co‑accused
- parity
- clean antecedents
- Bharatiya Nyaya Sanhita
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.10153 of 2026
Arising Out of PS. Case No.-88 Year-2025 Thana- HUSSAINGANJ District- Siwan
======================================================
Mintu Devi @ Minta Devi Son of Motilal Chauhan Resident of Village -
Singarpatti, Mathiya, P.S.- Hussainganj, District - Siwan.
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner : Mr. Pranav Bhaskar, Advocate
For the State : Mr. Bharat Lal, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH
ORAL ORDER
2 18-02-2026 Heard learned counsel for the petitioner and learned
A.P.P. for the State.
2. The petitioner seeks bail in a case registered for the
offence punishable under Sections 126(2), 115(2), 118, 351(2),
3(5), 109(1), 103(1) of the Bharatiya Nyaya Sanhita.
3. As per prosecution case, it is alleged that all the
F.I.R. named accused persons, including this petitioner, forcibly
entered the house of informant and brutally assaulted informant
and his family members by means of lathi, danda, iron rod,
spade, axe, handle of hand pump, dab, etc. as a result of which
they sustained injuries and one Gijra Devi died during course of
Patna High Court CR. MISC. No.10153 of 2026(2) dt.18-02-2026
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treatment.
4. It is submitted by learned counsel for the petitioner
that petitioner is quite innocent and has committed no offence.
As per F.I.R., this petitioner is only alleged to have handed over
a spade to her husband, namely Motilal Chauhan, who assaulted
Girja Devi. No specific accusation of overt act against this
petitioner. It is further submitted that co-accused Bhaironath
Mahto, having similar and identical allegations, has already
been granted bail by this Hon’ble Court vide order dated
10.11.2025 passed in Cr. Misc. No. 62475 of 2025. Moreover,
charge-sheet has already been submitted and petitioner, having
no criminal antecedents, is in custody since 20.09.2025.
5. Learned A.P.P. for the State has vehemently
opposed the prayer for grant of bail to the petitioner.
6. Considering the facts and circumstances of the
case, general and omnibus nature of accusation, claim based on
parity, period of custody and clean antecedents of the petitioner,
the prayer for grant bail of to the petitioner is allowed.
7. Accordingly, let the above named petitioner be
released on bail on furnishing bail-bond of Rs. 10,000/- (ten
thousand) with two sureties of the like amount each to the
Patna High Court CR. MISC. No.10153 of 2026(2) dt.18-02-2026
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satisfaction of learned Additional Sessions Judge IV, Siwan in
connection with Hussaingunj P.S. Case No. 88 of 2025.
(Prabhat Kumar Singh, J)
shashank/-
U T
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