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Patna High Court

Suman DeviversusThe State of Bihar

Decided
Disposal
BAIL GRANTED

Holding

The court granted regular bail to the petitioner.

Summary

The petitioner, Suman Devi, applied for regular bail in a case (Rajapakar P.S. Case No. 479 of 2025) involving alleged offences under Sections 115(2), 126(2), 109, 351, 352(2), 103(1) and 3(5) of the B.N.S. The prosecution alleged that the petitioner, along with others, participated in a violent assault that led to the death of Lotan Chaudhary. The petitioner contended she was falsely implicated, that the specific assault allegations targeted other accused, and highlighted her clean record and the bail granted to a co‑accused in a similar case. The State opposed bail, asserting her active participation in the crime. After considering the submissions and circumstances, the court ordered that the petitioner be released on bail upon furnishing a bail bond of Rs. 10,000 with two sureties, thereby allowing the application.

Issues considered

  • Whether the petitioner is entitled to regular bail despite the serious nature of the offences alleged
  • Whether the petitioner’s alleged participation in the assault warrants denial of bail
  • Whether the bail granted to a co‑accused in a similar case influences the petitioner’s bail application

Legislation cited

  • B.N.S. — s. 103(1), 109, 115(2), 126(2), 3(5), 351, 352(2)

Subjects

  • bail
  • regular bail
  • criminal procedure
  • assault
  • B.N.S.
  • gender

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.19096 of 2026
                     Arising Out of PS. Case No.-479 Year-2025 Thana- RAJAPAKAR District- Vaishali
                 ======================================================
                 Suman Devi Wife of Rajesh Chaudhary R/o Village - Kansara, P.S. -
                 Rajapakar(O.P., Baranti), Dist. - Vaishali at Hajipur(Bihar).


                                                                                   ... ... Petitioner/s
                                                       Versus
                 The State of Bihar

                                                        ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :       Mr. Rakesh Kumar, Advocate
                 For the Opposite Party/s :       Mr. Ahmad Ali, APP
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE PRAVEEN KUMAR
                                       ORAL ORDER

2   25-03-2026                  Heard learned counsel for the petitioner, learned

                   counsel for the informant and learned A.P.P. for the State.

                                2. The petitioner has preferred this application for

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

                   479 of 2025 registered for the offences punishable under Section

                   115(2), 126(2), 109, 351, 352(2), 103(1) & 3(5) of the B.N.S.

                                3. The case of the prosecution, in short, is that the

                   petitioner along with others started abusing the brother-in-law of

                   the informant, namely, Lotan Choudhary (deceased). It is further

                   submitted that Ramesh Choudhary assaulted with a sharp

                   cutting hasuli on the neck of the deceased which hit on the face

                   and ear. After that, the deceased attempted to run away. Then

                   co-accused Priyanka Devi assaulted with fasuli on his thigh and
Patna High Court CR. MISC. No.19096 of 2026(2) dt.25-03-2026
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          co-accused Krishna Devi assaulted with lathi on his leg due to

          which he fell down and after that other accused persons badly

          assaulted due to which the deceased succumbed to the injuries.

                       4. Learned counsel for the petitioner has submitted

          that the petitioner is innocent and has falsely been implicated in

          this case. It has further been submitted that the petitioner is a

          lady and the specific allegation of assault upon Lotan

          Chaudhary(deceased) is against Ramesh Choudhary, Priyanka

          Devi and Krishna Devi. Moreover, co-accused Krishna Devi has

          been granted the privilege of bail by a co-ordinate Bench of this

          Court vide order dated 24.03.2026 passed in Cr. Misc. No.

          17851 of 2026 and the case of the petitioner is similar to that of

          the aforesaid co-accused. It is lastly submitted that the petitioner

          has clean criminal antecedent and is in custody since

          20.12.2025.

                       5. Learned APP for the State and learned counsel for

          the informant have vehemently opposed the prayer for bail of

          the petitioner and submitted that the petitioner has actively

          participated in the commission of the alleged offence.

                       6. Considering the aforesaid submissions of the

          parties and taking into account the facts and circumstance of the

          case, let the petitioner above-named, be enlarged on bail on
              Patna High Court CR. MISC. No.19096 of 2026(2) dt.25-03-2026
                                                          3/3




                        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, Vaishali at Hajipur, in connection with

                        Rajapakar P.S. Case No. 479 of 2025.

                                     7. The application stands allowed.



                                                   (Praveen Kumar, J)
Jyoti/-

U         T


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