Patna High Court
Kanchan Kumari @ Kanchan DeviversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- KHATIM REZA
Holding
The Court held that regular bail should be granted to the petitioners as the FIR does not specifically implicate them in the alleged offences.
Summary
The petitioners, Kanchan Kumari and Lila Devi, wives of co‑accused Laxman Yadav and Siyaram Yadav respectively, were arrested in connection with an assault on 11‑Oct‑2025 that resulted in the death of an informant. The FIR charges them under multiple sections of the Bharatiya Nyaya Sanhita, 2023, but the petitioners contend they were implicated solely due to their relationship with the male accused and that no specific weapon or act is attributed to them. They have been in custody since 20‑Oct‑2025 and have no prior criminal record. The State opposed the bail, while the petitioners argued that the allegations against them are vague and gender‑biased. After considering the submissions and the lack of specific incriminating material against the petitioners, the Court ordered their release on regular bail upon furnishing a bond of Rs.10,000 with two sureties each. The application for bail was therefore allowed.
Issues considered
- Whether the petitioners, being wives of the co‑accused, are entitled to regular bail despite the FIR charging them under multiple sections of the Bharatiya Nyaya Sanhita, 2023.
- Whether the FIR provides sufficient specific allegation against the petitioners to justify denial of bail.
Legislation cited
- Bharatiya Nyaya Sanhita, 2023 — s. 103(1), 109, 115, 117, 118(1), 126(2), 303(2), 3(5), 352, 74, 76
Subjects
- regular bail
- bail application
- assault
- homicide
- FIR
- gender bias
- Bharatiya Nyaya Sanhita
- criminal procedure
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.2733 of 2026
Arising Out of PS. Case No.-276 Year-2025 Thana- DOBHI District- Gaya
======================================================
1. Kanchan Kumari @ Kanchan Devi W/o Laxman Yadav R/o Village - Munsi
Chak, P.S - Dobhi, District - Gaya
2. Lila Devi W/o Siyaram Yadav R/o Village - Munsi Chak, P.S - Dobhi,
District - Gaya
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr.Mungeshwar Kumar, Advocate
For the Opposite Party/s : Mr.Raj Kishor Singh, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE KHATIM REZA
ORAL ORDER
3 23-02-2026 Heard learned counsel for the petitioners and learned
A.P.P. for the State.
2. The petitioners seek grant of regular bail in
connection with Dobhi P.S. Case No. 276 of 2025, dated
19.10.2025, registered under Sections 126(2), 115, 352, 118(1),
109, 117, 74, 303(2), 76 and 3(5) of the Bharatiya Nyaya
Sanhita, 2023. Subsequently, Section 103(1) of the Bharatiya
Nyaya Sanhita, 2023 has also been added.
3. The prosecution case, in short, is that on
11.10.2025 at about 4:00 p.m., the accused persons, namely
Laxman Yadav, Lakhan Yadav, Siyaram Yadav, the wife of
Siyaram Yadav, namely Lila Devi (petitioner no. 2) and the wife
Patna High Court CR. MISC. No.2733 of 2026(3) dt.23-02-2026
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of Laxman Yadav, namely Kanchan Kumari @ Kanchan Devi
(petitioner no. 1), due to an earlier dispute came to the house of
the informant armed with lathi, danda and iron rod abused her
family members and assaulted them. It is further alleged that the
informant and her daughters-in-law, namely Anita Devi and
Dewki Devi were assaulted with lathi, danda and iron rod and
during the course of treatment the informant succumbed to her
injuries.
4.Learned counsel for the petitioners submits that the
petitioners are innocent and they have been falsely implicated in
the present case. It is submitted that petitioner no. 1 is the wife
of co-accused Laxman Yadav whereas, petitioner no. 2 is the
wife of co-accused Siyaram Yadav. It is next submitted that
from a bare perusal of the FIR, it is evident that the entire family
has been implicated with general and omnibus allegations. It is
further submitted that the petitioners are lady members of the
family and FIR specifically assigns the use of an iron rod, lathi
and danda to the male co-accused; however, no specific weapon
or role is attributed to the petitioners. They have been made
accused merely on account of their relationship with the co-
accused persons. Lastly, it is submitted that the petitioners have
been in custody since 20.10.2025 and have no criminal
Patna High Court CR. MISC. No.2733 of 2026(3) dt.23-02-2026
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antecedents
5. Learned Additional Public Prosecutor for the State
has opposed the prayer.
6. Having considered the facts and circumstances of
the case and submissions of learned counsel for the parties, let
the petitioners be released on bail upon furnishing bail bonds of
Rs.10,000/- (ten thousand) each with two sureties of the like
amount each to the satisfaction of the learned Court of
A.C.J.M.-1st Sherghati, Gaya, in connection with Dobhi P.S.
Case No. 276 of 2025.
7. The application stands allowed.
(Khatim Reza, J)
shyambihari/-
U T
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