Patna High Court
Vinaka DeviversusThe State of Bihar
- Decided
- Disposal
- ALLOWED
- Bench
- ASHOK KUMAR PANDEY
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
- Indian Penal Code — s. 302, 34
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
2/3
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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