Patna High Court
Sonam Devi @ Sonam KumariversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- SANDEEP KUMAR
Holding
Bail was granted to the petitioner subject to a bond of Rs. 10,000 and two sureties of the same amount.
Summary
The petitioner, Sonam Devi, mother of a deceased child, applied for bail in a case registered under Section 103 of the BNS for allegedly killing her child. The prosecution's informant, the child's father, alleged that the petitioner had previously killed the child. The petitioner had been in custody since 26 May 2025. The court, noting the petitioner’s status as the mother and the length of her custody, allowed the bail application. She was ordered to be released on a bail bond of Rs. 10,000 with two sureties of the same amount, with the court clarifying that this order is limited to bail and does not prejudice the trial.
Issues considered
- Whether bail should be granted to the accused mother under Section 103 of the BNS considering the nature of the alleged offence and period of custody.
Legislation cited
- BNS — s. 103
Subjects
- bail
- Section 103
- BNS
- murder
- custody
- criminal procedure
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.154 of 2026
Arising Out of PS. Case No.-134 Year-2025 Thana- CHAND District- Kaimur (Bhabua)
======================================================
Sonam Devi @ Sonam Kumari Son of Suryadip Kumar R/o Village - Kuddi,
PO - Kuddi, PS - Chand, District - Kaimur(Bhabhua), State - Bihar.
... ... Petitioner/s
Versus
The State of Bihar Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr.Tarkeshwar Tiwary
For the Opposite Party/s : Mr.Md. Aslam Ansari
======================================================
CORAM: HONOURABLE MR. JUSTICE SANDEEP KUMAR
ORAL ORDER
5 09-04-2026 Heard learned counsel for the petitioner and learned
APP for the State.
2. The petitioner seeks bail in connection with
Chand P.S. Case No. 134 of 2025 registered for the offence
under Section 103 of the BNS.
3. As per the prosecution case, the informant of
this case is the father of the deceased who has alleged that the
mother of the deceased has killed him. He further alleges that
earlier also, the petitioner has killed the child.
4. The petitioner is in custody since 26.05.2025.
5. Considering fact that the petitioner is the mother
of the deceased and her period of custody, this application is
allowed.
6. Let the petitioner, above named, be released on
Patna High Court CR. MISC. No.154 of 2026(5) dt.09-04-2026
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bail on furnishing bail bond of Rs. 10,000/- (Ten Thousand)
with two sureties of the like amount each to the satisfaction of
the concerned Court below in connection with Chand P.S. Case
No. 134 of 2025.
7. It is, however, clarified that the observations
made herein are limited to the adjudication of the present bail
application and shall not prejudice the case of the petitioner at
any subsequent stage of the trial and this Court has not
expressed any opinion on the merits of the case.
(Sandeep Kumar, J)
Vikas/-
U
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