Patna High Court
Mamta Devi @ Mamata DeviversusThe State of Bihar
- Decided
- Disposal
- ALLOWED
- Bench
- ASHOK KUMAR PANDEY
Holding
The court granted regular bail to the petitioner.
Summary
Mamta Devi, the wife of a deceased man, was arrested in a murder case (PS Masaurhi Case No. 485 of 2025) and sought regular bail. The prosecution alleged that her husband was killed on the orders of several individuals and that she was involved in the crime, citing a confessional statement by an accused named Lucky who claimed an illicit relationship with her and joint participation in the killing. The petitioner’s counsel argued that she is the informant, has no prior criminal record, and was falsely implicated, emphasizing that no property has been recovered against her. The State opposed the bail application. Considering the circumstances, the court found no substantive ground to deny bail and ordered her release on a bail bond of Rs.10,000 with two sureties. The judgment thus granted regular bail to the petitioner.
Issues considered
- Whether regular bail should be granted to the petitioner in a murder case involving alleged confession and sections of the BNS and Arms Act.
Legislation cited
Subjects
- bail
- regular bail
- murder
- confession
- Arms Act
- criminal procedure
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.13623 of 2026
Arising Out of PS. Case No.-485 Year-2025 Thana- MASAUDHI District- Patna
======================================================
Mamta Devi @ Mamata Devi Wife of Late Rajesh Chaudhary R/O-
Rahmatganj, P.S.- Masaurhi, Distt.- Patna
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Santosh Kumar, Advocate
For the Opposite Party/s : Mr. Sanjay Kumar Tiwary, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE ASHOK KUMAR PANDEY
ORAL ORDER
2 12-03-2026 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(2),
61(2), 351(2) & 3(5) of the BNS and under Section 27 of the
Arms Act.
3. The case of the prosecution, in short, is that the
petitioner who is the informant of this case has alleged that her
husband has been killed by shooters on the direction of Kundan
Chaudhary, Anuj Chaudhary, Niraj Chaudhary, Kanti Devi and
Munni Devi.
4. Learned counsel for the petitioner submits that
during course of investigation one Lucky was apprehended and
he has given his confessional statement and in his confessional
Patna High Court CR. MISC. No.13623 of 2026(2) dt.12-03-2026
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statement he has stated that as the petitioner was having illicit
relationship with Lucky, both have killed the deceased. The
petitioner has herself confessed the crime. Learned counsel for
the petitioner has submitted that there is nothing against the
petitioner. No recovery has been made from her; actually she is
the informant of this case and she has falsely been implicated by
Lucky. Learned counsel for the petitioner has submitted that the
petitioner is a lady having no criminal antecedent and she is in
judicial custody since 20.06.2025.
5. Learned APP appearing for the state has opposed
the prayer of regular bail.
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 Masaurhi P.S. Case No. 485 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
Additional Sessions Judge-II, Masaurhi, Patna.
(Ashok Kumar Pandey, J)
durgesh/-
U T
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