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Patna High Court

Geeta Devi @ Lalmati DeviversusThe State of Bihar

Decided
Disposal
BAIL GRANTED

Holding

The court granted bail to the petitioners subject to a bond and sureties.

Summary

The petitioners, Geeta Devi and Kamlesh Yadav, applied for bail in a case registered under Sections 80 and 3(5) of the BNS for the alleged murder of a deceased relative. The prosecution alleged that the petitioners, who are in‑laws of the deceased, killed her, while the defence argued that the death was a suicide arising from a disputed marriage arrangement and that the post‑mortem showed no external injuries. The petitioners had been in custody since 26‑11‑2025. The court examined the bail criteria under the cited provisions and noted that the allegations did not, on the face of it, preclude the grant of bail. Consequently, the court allowed the bail application, directing the petitioners to furnish a bail bond of Rs.10,000 with two sureties and to cooperate with the trial proceedings. The order was limited to the bail question and did not prejudice the merits of the trial.

Issues considered

  • Whether bail should be granted to the petitioners under Sections 80 and 3(5) of the BNS in view of the murder allegations and the claim of suicide.

Legislation cited

  • BNS — s. 3(5), 80

Subjects

  • bail
  • murder
  • suicide
  • Sections 80
  • Section 3(5)
  • BNS
  • criminal procedure

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.20057 of 2026
                      Arising Out of PS. Case No.-649 Year-2025 Thana- KATEYA District- Gopalganj
                 ======================================================
           1.     Geeta Devi @ Lalmati Devi W/o Kamlesh Yadav Resident of Village -
                  Bhathawa Khurd @ Bhatwa Khurd @ Koesa Bhatwa, PS - Kateya, District
                  -Gopalganj
           2.     Kamlesh Yadav S/o Late Chhangur Chaudhary @ Chhangur Yadav Resident
                  of Village - Bhathawa Khurd @ Bhatwa Khurd @ Koesa Bhatwa, PS -
                  Kateya, District -Gopalganj
                                                                        ... ... Petitioner/s
                                                 Versus
                 The State of Bihar Bihar
                                                                 ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :       Mr.Sanjay Kumar Pandey No.5
                 For the Opposite Party/s :       Mr.Ajay Kumar Jha
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE SANDEEP KUMAR
                                       ORAL ORDER

2   01-04-2026                     Heard learned counsel for the petitioners and

                   learned APP for the State.

                                   2. The petitioners seek bail in connection with

                   Kateya P.S. Case No. 649 of 2025 registered for the offence

                   under Sections 80 and 3(5) of the BNS.

                                   3. As per the prosecution case, the petitioners, who

                   are in-laws of the deceased, are said to have killed the deceased.

                                   4. The petitioners are in custody since 26.11.2025.

                                   5. Learned counsel for the petitioners submits that

                   the petitioners are innocent and the deceased has committed

                   suicide because earlier her marriage was finalized with the elder

                   brother of her husband and subsequently, she was made to marry

                   the younger brother. He also submits that from the post-mortem

                   report, it appears that there is no external injury on the body of

                   the deceased.
          Patna High Court CR. MISC. No.20057 of 2026(2) dt.01-04-2026
                                                      2/2




                                    6. Considering the aforesaid facts, this application

                    is allowed.

                                    7. Let the petitioners, above named, be released on

                    bail on furnishing bail bond of Rs. 10,000/- (Ten Thousand)

                    with two sureties of the like amount each to the satisfaction of

                    the learned concerned Court below in connection with Kateya

                    P.S. Case No. 649 of 2025.

                                    8. As a condition of this order, the petitioners, after

                    being released on bail, are directed to co-operate in the trial

                    either by appearing personally or through their lawyer in the

                    trial Court on each and every date fixed by the trial Court. Non-

                    compliance of the condition will result in cancellation of the bail

                    bonds of the petitioners.

                                 9. 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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