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Patna High Court

Soni Devi @ Sona DeviversusThe State of Bihar

Decided
Disposal
ALLOWED

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
                                            2/3




          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.
            Patna High Court CR. MISC. No.14561 of 2026(3) dt.15-04-2026
                                                        3/3




                                   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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