Patna High Court
Mala DeviversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- SONI SHRIVASTAVA
Holding
Bail was granted to the petitioner.
Summary
Mala Devi was arrested in connection with the murder of an informant's daughter, alleged under Sections 103(1), 238 and 3(5) of the Bihar Penal Code. She applied for bail, arguing that the FIR was lodged three days after the incident, contained no motive, and that a co‑accused, Ranju Devi, had already been released on bail in a similar case. The State opposed bail, relying on the seriousness of the allegations in the FIR. The Court noted the delay in filing the FIR, the absence of a stated motive, and the precedent of bail being granted to a similarly situated co‑accused. Considering these factors, the Court ordered that Mala Devi be released on bail upon furnishing a bond of Rs. 10,000 with two sureties.
Issues considered
- Whether the delay in lodging the FIR and lack of motive justify granting bail in a murder case
- Whether the grant of bail to a similarly situated co‑accused mandates bail for the petitioner
- Whether the seriousness of the offences under Sections 103(1), 238 and 3(5) of the Bihar Penal Code precludes bail
Legislation cited
- Bihar Penal Code — s. 103(1), 238, 3(5)
Subjects
- bail
- FIR delay
- murder
- gender
- co‑accused precedent
- criminal procedure
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.25751 of 2026
Arising Out of PS. Case No.-21 Year-2025 Thana- SHANKARPUR District- Madhepura
======================================================
Mala Devi W/o Jitan Rishidev @ Jitendra Rishidev R/o vill - Sonbharsa
Anchal Shankarpur, ward no. 6, P.O. - Barahi Hansanpur, Distt.- Madhepura
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Ms. Pooja Prasad, Advocate
For the Opposite Party/s : Mr. Anil Kumar Singh No. 1, APP
======================================================
CORAM: HONOURABLE JUSTICE SMT. SONI SHRIVASTAVA
ORAL ORDER
3 09-06-2026 Heard learned counsel for the petitioner and learned
APP for the State.
2. The petitioner seeks bail in a case registered for
the offence punishable under Sections 103(1), 238 and 3(5) of
the B.N.S.
3. As per the prosecution case, petitioner along
with other co-accused persons is said to have killed the
daughter of the informant by brutally assaulting her.
4. Learned counsel for the petitioner submits that
general and omnibus allegations have been made against the
petitioner and others in the First Information Report of assault
by means of lathi, rod, fists etc. It is further submitted that the
FIR has been lodged after a delay of three days and no motive
has been assigned as to why the said assault was made upon the
Patna High Court CR. MISC. No.25751 of 2026(3) dt.09-06-2026
2/2
deceased. It is next submitted that similarly situated co-
accused, namely, Ranju Devi has been granted the privilege of
bail by this Court vide order dated 13.02.2026 passed in Cr.
Misc. No.75206 of 2025. Further, the petitioner is in custody
since 12.09.2025 and charge-sheet has been submitted. Further,
she is a lady and has no criminal antecedent.
5. Learned APP for the State opposed the grant of
bail on the basis of allegations made in the First Information
Report.
6. Taking into consideration the facts and
circumstances and considering the delay caused in lodging the
FIR, coupled with the fact that similarly situated co-accused
has already been granted bail by this Court, let the above
named petitioner, be released on bail on furnishing bail bond of
Rs. 10,000/- (Rupees Ten Thousand) with two sureties of the
like amount each to the satisfaction of the learned C.J.M.,
Madhepura/concerned Court below in connection with
Shankarpur P.S. Case No. 21 of 2025.
(Soni Shrivastava, J)
anand/-
U T
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