Patna High Court
Soni Devi @ Sona DeviversusThe State of Bihar
- Decided
- Disposal
- ALLOWED
- Bench
- ASHOK KUMAR PANDEY
Holding
The court granted regular bail to the petitioner.
Summary
The petitioner, Soni Devi, sought regular bail in a case registered under Section 103(1) read with Sections 3 and 5 of the BNS, alleging murder of an informant's son. The prosecution alleged that the deceased was killed by the petitioner and others, while the petitioner claimed innocence, stating the case was based on suspicion and that the informant was not an eyewitness. The forensic team initially opined suicide, but the post‑mortem report indicated asphyxia due to strangulation with ligature marks and wrist abrasions. The supervising authority later classified the case under Section 108 of the BNS, and the petitioner had been in custody since 26‑11‑2025 with no prior criminal record. After hearing both sides, the court found the circumstances insufficient to deny bail and ordered the petitioner released on bail upon furnishing a bond and sureties.
Issues considered
- Whether regular bail can be granted in a case charged under Section 103(1) read with Sections 3/5 of the BNS given the evidentiary material.
- Whether the post‑mortem findings of strangulation outweigh the presumption of innocence for bail purposes.
- Whether the re‑characterisation of the offence under Section 108 of the BNS affects the bail decision.
Subjects
- regular bail
- Section 103
- Section 108
- BNS
- post‑mortem report
- suicide vs homicide
- criminal procedure
- Bihar
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.14561 of 2026
Arising Out of PS. Case No.-780 Year-2025 Thana- HARSIDHI District- East Champaran
======================================================
Soni Devi @ Sona Devi W/o Arvind Kumar R/o Village - Math Lohiyar,
Makhari Tola, Ward No. 14, P.S - Harsidhi, District - East Champaran
... ... Petitioner/s
Versus
The State of Bihar Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr.Abhishek Ranjan, Advocate
For the Opposite Party/s : Mr.Sunil Kumar Pandey, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE ASHOK KUMAR PANDEY
ORAL ORDER
3 15-04-2026 Heard learned counsel for the petitioner and learned
APP for the State.
2. The petitioner has prayed for grant of regular bail
in a case registered for the offences punishable under Section
103(1) read with Sections 3/5 of the BNS.
3. The case of the prosecution is that the body of the
informant’s son was found hanging. The informant has
suspected that the petitioner along with others has killed the son
of the informant.
4. Learned counsel for the petitioner submits that the
petitioner is innocent and has been falsely implicated in the
present case. It is further submitted that from perusal of the
F.I.R., it is evident that the case is based purely on suspicion and
the informant is not an eyewitness. It is further submitted that,
Patna High Court CR. MISC. No.14561 of 2026(3) dt.15-04-2026
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during the course of investigation, it has transpired that the
deceased was having an illicit relationship with the petitioner. It
has also been submitted that the forensic team visited the place
of occurrence and opined that it appeared to be a case of suicide
by hanging.
5. However, it is contended that medical opinion is
crucial in such matters, and from perusal of the post-mortem
report, it appears that the doctor conducting the autopsy has
opined that the cause of death is asphyxia due to strangulation.
The following ante-mortem injuries were found on the person of
the deceased: (i) Abrasion measuring ½" × ½" over the dorsum
aspect of the left wrist; (ii) One U-shaped ligature mark, black-
brown in colour, encircling almost the entire neck at the mid-
level, measuring 9" × 1½". Learned counsel further submits that
the petitioner is a lady and nothing has come on record during
investigation to show her direct involvement in the alleged
occurrence. It is also submitted that, after investigation, the
supervising authority has opined that the case falls under
Section 108 of the BNS, and the charge-sheet has also been
submitted under the said section. Moreover, the petitioner is
languishing in judicial custody since 2611.2025 having no
criminal antecedent.
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6. Learned APP for the State has opposed the prayer
for bail.
7. Considering the aforesaid facts and circumstances
of the case, this Court is inclined to enlarge the petitioner on
bail. Accordingly, the petitioner is directed to be released on bail
in connection with Harsidhi P.S. Case No. 780 of 2025 on
furnishing bail bonds of Rs. 10,000/- (ten thousand) with two
sureties of the like amount each to the satisfaction of the learned
JMFC, East Champaran, Motihari.
(Ashok Kumar Pandey, J)
Jagdish/-
U T
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