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Patna High Court

Mogla Devi @ Mogal DeviversusThe State of Bihar

Decided
Disposal
BAIL GRANTED

Holding

The court allowed the bail application, granting regular bail to the petitioner on condition of a bond and sureties.

Summary

The petitioner, Mogla Devi, applied for regular bail in a case registered under sections 103(1), 61(2) and 3(5) of the B.N.S., alleging that she was falsely implicated in the alleged strangulation of the informant's sister. The prosecution contended that the petitioner and co‑accused conspired to kill the victim, while the petitioner argued that the deceased had hanged herself in a fit of passion and that there were no injuries indicating foul play. The petitioner also highlighted her clean criminal record and that she had been in custody since 13‑10‑2025. The State opposed the bail on the ground of the seriousness of the allegations. After considering the submissions, the court held that bail could be granted on condition of a Rs.10,000 bond with two sureties, and the application was allowed.

Issues considered

  • Whether regular bail should be granted to the petitioner in a case involving alleged conspiracy to murder under sections 103(1), 61(2) and 3(5) of the B.N.S.

Legislation cited

  • B.N.S. — s. 103(1), 3(5), 61(2)

Subjects

  • regular bail
  • bail application
  • conspiracy
  • murder
  • B.N.S.
  • sections 103(1) 61(2) 3(5)
  • clean criminal antecedent

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.13854 of 2026
                       Arising Out of PS. Case No.-223 Year-2025 Thana- JALALPUR District- Saran
                 ======================================================
                 Mogla Devi @ Mogal Devi W/O Late Purshottam Giri R/O Village-
                 Bangrara, P.S- Jalalpur, Distt.- Saran, Bihar.
                                                                       ... ... Petitioner/s
                                                      Versus
                 The State of Bihar
                                                                ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :       Mr. Praveen Prabhakar, Advocate
                 For the Opposite Party/s :       Mr. Anil Prasad Singh, APP
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE PRAVEEN KUMAR
                                       ORAL ORDER

2   12-03-2026                  Heard learned counsel for the petitioner and learned

                   A.P.P for the State.

                                2. The petitioner has preferred this application for

                   grant of regular bail in connection with Jalalpur P.S. Case No.

                   223 of 2025 registered for the offences punishable u/s 103(1),

                   61(2) and 3(5) of the B.N.S.

                                3. As per the prosecution case, the petitioner and co-

                   accused persons are alleged to have strangulated the sister of the

                   informant under conspiracy.

                                4. Learned counsel for the petitioner has submitted

                   that the petitioner happens to be the mother-in-law of the

                   deceased and has falsely been implicated in this case. It is

                   further submitted that there is general and omnibus allegation

                   against her and the deceased was not in a fit state of mind and

                   after closing the door in a heat of passion and spur of the

                   moment, hung herself. It is next submitted that after receiving
              Patna High Court CR. MISC. No.13854 of 2026(2) dt.12-03-2026
                                                          2/2




                        the information of the said occurrence, the police arrived for the

                        verification, and in their presence, the door was opened.

                        Referring to the impugned order he has submitted that the cause

                        of death is opined to be asphyxia due to hanging and no internal

                        or external injuries were found on the person of the deceased. It

                        is lastly submitted that the petitioner has clean criminal

                        antecedent and is in custody since 13.10.2025.

                                     5. Learned APP for the State has vehemently opposed

                        the prayer for bail of the petitioner.

                                     6. Considering the aforesaid submissions of the

                        parties and taking into account the fact that there is general and

                        omnibus allegation against the petitioner and the cause of death

                        has been opined to be asphyxia due to hanging, let the petitioner

                        above-named, be enlarged on bail on furnishing bail-bonds of

                        Rs. 10,000/- (Rupees Ten Thousand) with two sureties of the

                        like amount each to the satisfaction of learned Court concerned,

                        Saran at Chapra, in connection with Jalalpur P.S. Case No. 223

                        of 2025.

                                     7. The application stands allowed.



                                                   (Praveen Kumar, J)
Jyoti/-

U         T


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