Patna High Court
Kajal DeviversusThe State of Bihar
- Decided
- Disposal
- DISMISSED
- Bench
- SANDEEP KUMAR
Holding
Bail was denied to the petitioner.
Summary
The petitioner, Kajal Devi, mother‑in‑law of a deceased murder victim, applied for bail under Section 80(2) of the Bharatiya Nyaya Sanhita. She has been in custody since 7 February 2026 and argues that the entire family, including a one‑and‑a‑half‑year‑old child, is incarcerated, warranting bail on humanitarian grounds. The State and the informant opposed the bail, relying on the Supreme Court’s decision in Lal Muni Devi v. State of Bihar (SLP (Crl.) No. 4610 of 2026). The High Court considered the serious nature of the murder allegation and the precedent, and concluded that bail could not be granted. The application was dismissed, though the court directed the petitioner to seek proper care for the child from the jail superintendent and allowed a future application if the trial is unduly delayed.
Issues considered
- Whether bail should be granted to the accused under Section 80(2) of the Bharatiya Nyaya Sanhita in a murder case involving a child in custody
- Whether the Supreme Court precedent Lal Muni Devi v. State of Bihar is applicable to deny bail
Legislation cited
- Bharatiya Nyaya Sanhita — s. 80(2)
Subjects
- bail
- murder
- Section 80(2)
- child custody
- high court
- denial of bail
- precedent
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.21550 of 2026
Arising Out of PS. Case No.-224 Year-2025 Thana- LAXMIPUR District- Jamui
======================================================
Kajal Devi Wife of Bhikhari Tanti R/o Village - Gotajar, P.S. - Laxmipur,
Dist. - Jamui.
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr.Satya Prakash Parasar, Advocate
For the State : Mr.Raj Ballabh Singh, APP
For the Informant : Ms. Kahkashan Alam, Advocate
======================================================
CORAM: HONOURABLE MR. JUSTICE SANDEEP KUMAR
ORAL ORDER
3 07-04-2026 Heard learned counsel for the petitioner and learned
APP for the State.
2. The petitioner seeks bail in connection with
Laxmipur P.S. Case No. 224 of 2025 registered for the offence
punishable under Sections 80(2) of the Bharatiya Nyaya
Sanhita.
3. The petitioner is the mother-in-law of the deceased.
He along with other accused persons is alleged to have killed
the deceased.
4. The petitioner is in custody since 07.02.2026.
5. Learned counsel for the petitioner submits that the
Patna High Court CR. MISC. No.21550 of 2026(3) dt.07-04-2026
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entire family along with one and a half year child of the
deceased is inside jail and considering the general and omnibus
allegation, the petitioner may be granted bail.
6. Learned counsel for the State and learned counsel
for the informant have vehemently opposed the prayer for bail
relying upon the judgment of the Hon’ble Supreme Court in the
case of Lal Muni Devi vs. State of Bihar & Anr. (SLP (Crl.)
No. 4610 of 2026).
7. I have considered the submissions of the parties.
8. Considering the allegation, I am not inclined to
grant bail to the petitioner.
9. Accordingly, the application stands dismissed.
10. However, the petitioner may move the
Superintendent of the Jamui Jail for proper treatment of the
child as the contention of the petitioner is that the child is ill.
11. The Superintendent of the Jamui jail will take
proper care of the child in custody.
12. The petitioner is given liberty to move the Court
again if the trial is delayed by the prosecution.
13. 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
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any subsequent stage of the trial and this Court has not express
any opinion on the merits of the case.
(Sandeep Kumar, J)
P. Kumar
U T
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