Patna High Court
Amla DeviversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- ARUN KUMAR JHA
Holding
The High Court exercised its inherent powers under Section 482(2) of the CrPC to grant bail to the petitioner with conditions.
Summary
Amla Devi, a 69‑year‑old mother‑in‑law, was implicated in a murder case (PS No.1011 of 2025) alleging that she and co‑accused electrocuted and hanged the sister of an informant. The prosecution relied on Sections 103(1) and 61(2) of the B.N.S. while the defence argued that the post‑mortem report did not establish the cause of death and that the allegations were implausible given the long marriage of the parties. The defence highlighted the petitioner’s clean criminal record and the lack of forensic evidence supporting electrocution or hanging. The State opposed bail, maintaining the seriousness of the allegations. The Court, noting the absence of a conclusive cause of death and the general nature of the accusations, granted bail subject to a Rs.10,000 bond, two sureties, a relative as bailor, and the requirement to appear before the trial court as needed, invoking its inherent powers under Section 482(2) of the CrPC.
Issues considered
- What is the appropriateness of granting bail to the petitioner given the allegations of murder and the evidentiary material, particularly the post‑mortem report?
Legislation cited
- Code of Criminal Procedure, 1973 — s. 482(2)
Subjects
- bail
- murder
- electrocution
- hanging
- post‑mortem
- Section 482
- presumption of innocence
- Criminal Procedure
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.13888 of 2026
Arising Out of PS. Case No.-1011 Year-2025 Thana- MADHEPURA District- Madhepura
======================================================
Amla Devi Wife of Prithwi Tanti @ Prithvi Tanti Resident of Village -
Srinagar Ward No.- 10, P.S.- Ghailarh, Dist.- Madhepura
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr.Chandra Mohan Jha, Adv.
For the Opposite Party/s : Mr.Ram Sumiran Rai, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE ARUN KUMAR JHA
ORAL ORDER
2 18-03-2026 Heard learned counsel for the petitioner and learned
A.P.P. for the State.
02. In the present case, the petitioner is apprehending
his arrest in connection with Madhepura(Ghailarh O.P.) P.S. Case
No.1011 of 2025 registered for the alleged offences under Section
103(1), 61(2) of the BNS.
03. As per prosecution case, the sister of the informant
was married with coaccused Tanu Tanti. The petitioner is said to
the mother of coaccused Tanu Tanti. The allegation against the
petitioner and other coaccused persons is that they variously
tortured the sister of the informant and ultimately killed her after
electrocuting her and hanged the dead body.
04. Learned counsel for the petitioner submits that the
petitioner is innocent and has been falsely implicated in this case.
Patna High Court CR. MISC. No.13888 of 2026(2) dt.18-03-2026
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The petitioner is mother-in-law of the deceased and she is separate
in mess and business from the husband of the deceased. Learned
counsel further submits that moreover marriage was solemnized in
the year 2004 and out of this wedlock there was no child and the
sister of the informant committed suicide. Post mortem has been
conducted on the dead body but cause of death could not be
ascertained and neck tissues were sent for histopathological test
which shows the allegation of electrocution or hanging is not
supported in post mortem report. Learned counsel further submits
that the allegation against the petitioner and other coaccused
persons is not believable that after 21 years of marriage such
desperate steps would be taken by the in-laws. The petitioner is
aged about 69 years and she has been made accused merely on
suspicion and assumption. Husband of the deceased is already in
custody since 15.10.2025. Petitioner bears no criminal antecedent.
05. Learned A.P.P. for the State opposes the submission
made on behalf of the learned counsel for the petitioner. Learned
A.P.P. submits that there is allegation against petitioner and other
coaccused persons that they electrocuted the sister of the informant
and hanged her dead body.
06. Having regard to the facts and circumstances and
submission made on behalf of the parties and considering the fact
that petitioner is said to be mother-in-law of the deceased and also
Patna High Court CR. MISC. No.13888 of 2026(2) dt.18-03-2026
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considering general and omnibus nature of allegation against the
petitioner and further considering the post mortem report showing
no cause of death as alleged, let the petitioner above named, in the
event of his arrest or surrender before the court concerned within a
period of eight weeks from today, be released on bail, on
furnishing bail bond of Rs. 10,000/- (Rupees Ten Thousand Only)
each with two sureties of the like amount each to the satisfaction
of Court of learned CJM, Madhepura in connection with
Madhepura(Ghailarh O.P.) P.S. Case No.1011 of 2025, subject to
the condition laid down under Section 482(2) of the B.N.S.S. and
other following conditions:
(i) One of the bailors will be a
close relative of the petitioner.
(ii) The petitioner will remain
present on each and every date
fixed by the court below, if so
required by the learned trial
court.
(Arun Kumar Jha, J)
Anuradha/-
U T
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