Patna High Court
Soni Devi @ Soniya DeviversusThe State of Bihar
- Decided
- Disposal
- ALLOWED
- Bench
- SUNIL DUTTA MISHRA
Holding
The court granted regular bail to the petitioners upon furnishing the prescribed bond and sureties.
Summary
The petitioners, Soni Devi and Nisha Kumari, mother‑in‑law and sister‑in‑law of a deceased woman, were arrested in connection with a murder case (Sakatpur P.S. Case No.94 of 2025) under Sections 103(1), 238 and 3(5) of the B.N.S., 2023. The prosecution alleged that the deceased was killed and decapitated, and the petitioners were implicated solely on suspicion due to their familial relationship. The petitioners contended they had no involvement, possessed clean antecedents, and had already been in custody since 21‑08‑2025, asserting no risk of absconding or tampering with evidence. The State opposed bail. After considering the facts, the court noted the petitioners' clean record, the elapsed custody period, and lack of evidence of a flight risk, and ordered that they be released on regular bail upon furnishing a bond of Rs.10,000 with two sureties each. The order was pronounced by Justice Sunil Dutta Mishra.
Issues considered
- Whether the petitioners should be granted regular bail despite being charged with murder‑related offences under the B.N.S., 2023.
- Whether the petitioners pose a risk of absconding or tampering with evidence.
- Whether mere suspicion arising from familial relationship suffices to deny bail.
Legislation cited
- B.N.S., 2023 — s. 103(1), 238, 3(5)
Subjects
- bail
- regular bail
- criminal procedure
- murder
- dowry
- suspicion
- clean antecedent
- sureties
- Bihar
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.12049 of 2026
Arising Out of PS. Case No.-94 Year-2025 Thana- SAKATPUR District- Darbhanga
======================================================
1. Soni Devi @ Soniya Devi W/o Late Birendra Mandal R/o Village- Sherpur,
P.S- Sakatpur, Distt.- Darbhanga.
2. Nisha Kumari D/o Late Birendra Mandal R/o Village- Sherpur, P.S-
Sakatpur, Distt.- Darbhanga.
... ... Petitioner/s
Versus
The State of Bihar.
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Dr. Satyendra Kumar Shrivastava, Advocate.
For the Opposite Party/s : Mr. Satya Nand Shukla, A.P.P.
======================================================
CORAM: HONOURABLE MR. JUSTICE SUNIL DUTTA MISHRA
ORAL ORDER
2 25-02-2026 Heard learned counsel for the petitioners and learned
APP for the State.
2. The petitioners seek regular bail in connection with
Sakatpur P.S. Case No.94 of 2025 for the offences registered
under Sections 103(1), 238 and 3(5) of the B.N.S., 2023.
3. As per the prosecution case, the sister of informant
was married on 09.05.2021 with co-accused Manish Kumar
Mandal and the brother-in-law of his sister threatened her that he
will do away with her life if she interfere in the family affairs. The
said news was given to the informant by his sister and within a
few hours the sister of informant was killed and when his villagers
went there, they saw that his sister was being cremated but due to
intervention of police, they recovered the dead body of deceased
Patna High Court CR. MISC. No.12049 of 2026(2) dt.25-02-2026
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but the body was without head, then he doubted that the accused
persons might have killed her by cutting her neck.
4. Learned counsel for the petitioners submits that
petitioners are innocent and have falsely been implicated in this
case only on the basis of suspicion. He further submits that
petitioner no.1 is mother-in-law and petitioner no.2 is sister-in-law
of the deceased. Learned counsel submits that the marriage of
deceased with the co-accused Manish Kumar Mandal was
solemnized on 09.05.2021 and the petitioners have no concern
with their day to day affairs. He further submits that since the
petitioners are in-laws of the deceased, they have been implicated
in this case and earlier no case has been filed for dowry torture
against the petitioners. The husband of the deceased is already in
judicial custody. Learned counsel submits that charge sheet has
been submitted in this case after completion of investigation. He
further submits that petitioners have got clean antecedent, they are
in custody since 21.08.2025 and they undertakes to co-operate in
the trial. There is no chance of absconding the petitioners or
tampering with the evidence.
5. Learned counsel appearing on behalf of the State
opposes the prayer for grant of bail to the petitioners.
6. Considering the submissions made on behalf of the
parties, facts and circumstances of the case and the fact that
Patna High Court CR. MISC. No.12049 of 2026(2) dt.25-02-2026
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petitioners are in-laws of deceased who have got clean antecedent
as well as the period of custody already undergone by them, let
the petitioners, named above, be enlarged on bail upon furnishing
bail bonds of Rs.10,000/- (Rupees Ten Thousand) each with two
sureties of the like amount each to the satisfaction of learned
Judicial Magistrate, 1st Class, Darbhanga/ concerned Court in
connection with Sakatpur P.S. Case No.94 of 2025.
(Sunil Dutta Mishra, J)
Ritik/-
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