Patna High Court
Suman DeviversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- PRAVEEN KUMAR
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
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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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