Patna High Court
Sonamati DeviversusThe State of Bihar
- Decided
- Disposal
- ALLOWED
- Bench
- ASHOK KUMAR PANDEY
Holding
The court granted bail to the petitioners, directing them to furnish a bail bond of Rs. 10,000 with two sureties each.
Summary
The petitioners, Sonamati Devi and Sanju Devi, applied for bail in a case (Choutarwa P.S. Case No. 162 of 2025) involving alleged assault and homicide under several sections of the B.N.S. The prosecution alleged that the petitioners, along with others, participated in assaulting the informant’s husband, resulting in his death. The petitioners contended they were falsely implicated, had no criminal antecedents, and that the allegations against them were vague and non‑specific, noting that similarly situated co‑accused had previously been granted bail. The State opposed the bail application. After hearing both sides, the court found the petitioners’ arguments persuasive and ordered that they be released on bail upon furnishing a bond of Rs. 10,000 with two sureties each, subject to the satisfaction of the Additional Chief Judicial Magistrate, Bagaha.
Issues considered
- Whether bail should be granted to the petitioners accused under sections 191(2), 191(3), 190, 126(2), 115(2), 117(2), 109 and 103 of the B.N.S.
- Whether the nature of the allegations (general and omnibus) justifies the grant of bail.
- Whether precedent of bail granted to similarly situated co‑accused influences the decision.
Legislation cited
- B.N.S. — s. 103, 109, 115(2), 117(2), 126(2), 190, 191(2), 191(3)
Subjects
- bail
- criminal procedure
- assault
- false implication
- women
- surety
- judicial custody
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.11787 of 2026
Arising Out of PS. Case No.-162 Year-2025 Thana- CHOUTARWA District- West
Champaran
======================================================
1. Sonamati Devi, W/O Jugeshwar Singh @ Yogeshwar Singh, R/O Village -
Jaini Tola, P.S.- Choutarwa, Dist.- West Champaran.
2. Sanju Devi, W/O Mukesh Singh, R/O Village - Jaini Tola, P.S.- Choutarwa,
Dist.- West Champaran.
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Milind Kumar Mishra, Advocate
For the Opposite Party/s : Mr. Surendra Kumar, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE ASHOK KUMAR PANDEY
ORAL ORDER
2 18-02-2026 Heard learned counsel for the petitioners and learned
APP for the State.
2. The petitioners have prayed for bail in connection
with Choutarwa P.S. Case No. 162 of 2025 registered for the
offence punishable under Sections 191(2), 191(3), 190, 126(2),
115(2), 117(2), 109 and 103 of the B.N.S.
3. The case of the prosecution, in short, is that the
petitioners along with others have assaulted the husband of the
informant. There is specific allegation against Ramesh Singh
who has assaulted with a farsa on the head of the informant’s
husband due to which he died.
4. Learned counsel appearing on behalf of the
petitioners has submitted that petitioners are innocent and have
Patna High Court CR. MISC. No.11787 of 2026(2) dt.18-02-2026
2/2
committed no offence. They have been falsely implicated in this
case. The nature of allegation against these petitioners is general
and omnibus. Moreover, the petitioners are ladies and no overt
act is alleged against them. They are having no criminal
antecedent and they are languishing in judicial custody since
16.12.2025. It has also been submitted that similarly situated co-
accused persons have been granted bail by this Court vide Cr.
Misc. No. 67495 of 2025.
5. The application for bail is opposed by learned APP
for the State.
6. Having heard learned counsel for the parties and
considering the facts and circumstances of the case, this Court is
inclined to enlarge the petitioners on bail. The above named
petitioners are directed to be enlarged on bail on furnishing bail
bond of Rs. 10,000/- (Rs. ten thousand only) each with two
sureties of the like amount each to the satisfaction of the learned
Additional Chief Judicial Magistrate 1st, Bagaha, West
Champaran in connection with Choutarwa P.S. Case No. 162 of
2025.
(Ashok Kumar Pandey, J)
lata/-
U T
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