Patna High Court
Aasha DeviversusThe State of Bihar
- Decided
- Disposal
- ALLOWED
- Bench
- ASHOK KUMAR PANDEY
Holding
The court granted regular bail to the petitioner.
Summary
Aasha Devi petitioned for regular bail in a case registered under sections 103(1) and 3(5) of the BNS, alleging she is innocent and has no criminal antecedent. The prosecution alleged that the deceased Sweeti Kumari faced cruelty from her in‑laws and that Aasha Devi, the mother‑in‑law, was implicated. The petitioner had been in judicial custody since 8 June 2025. The State opposed the bail application. After hearing both sides, the court found the allegations to be general and omnibus and considered the petitioner’s lack of prior record. Consequently, the court ordered her release on bail upon furnishing a bond of Rs.10,000 with two sureties.
Issues considered
- Whether the petitioner is entitled to regular bail in a case under sections 103(1) and 3(5) of the BNS.
Legislation cited
- BNS — s. 103(1), 3(5)
Subjects
- regular bail
- criminal procedure
- BNS
- section 103
- section 3
- domestic cruelty
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.1990 of 2026
Arising Out of PS. Case No.-50 Year-2025 Thana- ANGARGHAT District- Samastipur
======================================================
Aasha Devi W/o Nunu Mahto Resident of Ward No. 08, Harpur Rewadi,
Harpur Rewari, P.S.- Angharghat, Samastipur, Bihar
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Keshav Bhardwaj, Advocate
For the Opposite Party/s : Mr. Sanjay Kr. Pandey, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE ASHOK KUMAR PANDEY
ORAL ORDER
4 26-03-2026 Heard learned counsel for the petitioner and learned
APP for the State.
2. The petitioner has prayed for regular bail in a case
registered for the offence punishable under sections 103(1) and
3(5) of BNS.
3. The case of the prosecution is that one Sweeti
Kumari was married to one Rahul Kumar in the year 2017. It is
alleged that she was being subjected to cruelty by her in-laws.
On 05.05.2025, the informant came to know that his sister is no
more.
4. Learned counsel for the petitioner submits that the
petitioner is innocent and has committed no offence. Learned
counsel for the petitioner has submitted that the petitioner is
mother-in-law of the deceased. She was separate in mess and
Patna High Court CR. MISC. No.1990 of 2026(4) dt.26-03-2026
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business. The nature of allegation is general and omnibus. The
husband of the deceased is already in judicial custody. A
statement has been made in para-3 of this petition that the
petitioner has got no criminal antecedent. Moreover, she is
languishing in judicial custody since 08.06.2025.
5. Learned APP appearing for the State has
vehemently opposed the prayer of regular bail.
6. Having heard learned counsel for the parties and
considering the facts and circumstances of the case, this court is
inclined to enlarge the petitioner on bail. The above named
petitioner is directed to be released on bail in connection with
Angharghat P.S. Case No. 50 of 2025 on furnishing bail bond of
Rs.10,000/- (ten thousand) with two sureties of the like amount
each to the satisfaction of learned District and Additional
Sessions Judge, Dalsinghsarai, Samastipur.
(Ashok Kumar Pandey, J)
shubham/-
U T
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