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Patna High Court

Vinaka DeviversusThe State of Bihar

Decided
Disposal
ALLOWED

Holding

The petitioner is entitled to bail on furnishing a bond of Rs.10,000 with two sureties.

Summary

Vinaka Devi applied for bail in a murder case (Section 302/34 IPC) arising from an incident where she and others allegedly killed an informant's daughter. The prosecution alleged that she participated in pressing the victim's neck, while the defense argued she was falsely implicated, citing lack of specific allegations against her and the granting of bail to similarly situated co‑accused in earlier cases. The court examined the nature of the FIR, the absence of direct evidence linking her to the act, and her clean record. Considering these factors and the precedent of bail to co‑accused, the court decided to enlarge her on bail. She was ordered to furnish a bail bond of Rs.10,000 with two sureties.

Issues considered

  • Whether the petitioner, Vinaka Devi, is entitled to bail despite the serious nature of the offence under Section 302/34 IPC.
  • Whether the FIR and investigation provide specific evidence linking the petitioner to the alleged murder.
  • Whether precedent bail orders to co‑accused warrant granting bail to the petitioner.

Legislation cited

Subjects

  • bail
  • murder
  • IPC Section 302
  • IPC Section 34
  • criminal procedure
  • judicial custody
  • co‑accused precedent

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.2320 of 2026
                 Arising Out of PS. Case No.-195 Year-2024 Thana- RAMNAGAR District- West Champaran
                 ======================================================
                 Vinaka Devi W/o Gautam Dom @ Mantu R/o Village - Sabuni Pokhara, ward
                 no. 13, P.S.- Ramnagar, Distt.- West Champaran

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

                                                        ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :      Mr. Yogendra Tiwari, Advocate
                 For the Opposite Party/s :      Mr. Arun Kumar Pandey, APP
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE ASHOK KUMAR PANDEY
                                       ORAL ORDER

2   05-02-2026                  Heard learned counsel for the petitioner and Mr. Arun

                   Kumar Pandey, learned APP for the State.

                                2. The petitioner has prayed for bail in connection

                   with Ramnagar P.S. Case No.195 of 2024 registered for the

                   offence punishable under Section 302/34 of the Indian Penal

                   Code.

                                3. The case of the prosecution is that on 07.05.2024,

                   Gautam Dom along with his wife Vinaka Devi (petitioner) came

                   to the house of the informant and alleged that his son Sameer

                   Dom has fled away with the daughter of Gautam Dom, namely,

                   Puja Kumari and that they will take away Anchal Kumari until

                   Puja Kumari is back home. When the informant objected then

                   the petitioner along with 14 persons pressed the neck of the

                   informant's daughter and killed her.
Patna High Court CR. MISC. No.2320 of 2026(2) dt.05-02-2026
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                       4. Learned counsel appearing on behalf of the

          petitioner has submitted that petitioner is innocent and has

          committed no offence. Learned counsel for the petitioner has

          submitted that the petiitoner has been falsely implicated in this

          case. During course of investigation in para-32, one Ruksana

          Devi has stated that Gautam, Manohar and Rahul pulled the

          deceased to the house of Gautam Dom where Gautam Dom

          assaulted and pressed her neck due to which she died. From

          perusal of the F.I.R. itself it is clear that the nature of allegation

          is general and omnibus. There is no allegation of any specific

          overt act against the petitioner and from perusal of the diary also

          it transpires that if there is any direct allegation then that is

          against Gautam. Learned counsel for the petitioner has

          submitted that similarly situated co-accused has been granted

          bail by this Court vide Cr. Misc No. 84748 of 2024 and by

          learned Co-ordinate Bench vide Cr. Misc Nos. 26107 of 2025

          and 39909 of 2025. The case of this petitioner stands on similar

          footing. Learned counsel for the petitioner has submitted that

          the petitioner is a lady having no criminal antecedent and is in

          judicial custody since 04.09.2025.

                       5. The application for bail is opposed by learned APP

          for the State.
            Patna High Court CR. MISC. No.2320 of 2026(2) dt.05-02-2026
                                                        3/3




                                   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 enlarged on bail on furnishing bail

                      bond of Rs. 10,000/- (Rs. ten thousand only) with two sureties

                      of the like amount each to the satisfaction of the learned

                      S.D.J.M., Bagaha, West Champaran in connection with

                      Ramnagar P.S. Case No. 195 of 2024.



                                             (Ashok Kumar Pandey, J)
durgesh/-

U      T


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