Patna High Court
Bachchi DeviversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- ARUN KUMAR JHA
Holding
The court granted bail to the petitioner, subject to conditions, finding the accusations improbable and the defence’s version plausible.
Summary
The petitioner, Bachchi Devi, was implicated in a murder case (PS Case No. 95 of 2025) under Sections 190, 191(2) and 103(2) of the B.N.S. for the death of the informant's husband, who allegedly was brought to her house injured and later died. The prosecution alleged that the petitioner and co‑accused Om Prakash Ram caused the death, while the defence argued that the death resulted from a road accident, citing the post‑mortem report showing only abrasions and death due to haemorrhage, coma and shock. The defence highlighted the lack of any assault allegation, the clean antecedent of the petitioner, and the informant’s failure to lodge an FIR earlier. The court, after considering the improbable nature of the accusation and the defence’s submissions, ordered that the petitioner be released on bail upon furnishing a bail bond of Rs.10,000 with two sureties, subject to conditions under Section 482(2) of the B.N.S.S. and attendance requirements. The order effectively grants bail pending further trial.
Issues considered
- Whether the petitioner is entitled to bail despite the serious nature of the murder charges under Sections 190, 191(2) and 103(2) of the B.N.S.
- Whether the prosecution’s evidence is sufficient to deny bail or whether the defence’s claim of accidental death creates reasonable doubt.
Legislation cited
Subjects
- bail
- murder
- Section 190 B.N.S.
- Section 191(2) B.N.S.
- Section 103(2) B.N.S.
- Section 482(2) B.N.S.S.
- criminal procedure
- road accident defence
- presumption of innocence
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.28704 of 2026
Arising Out of PS. Case No.-95 Year-3025 Thana- SIWAIPATTI District- Muzaffarpur
======================================================
Bachchi Devi W/O Late Lagan Ram @ Murari Ram R/O Village- Harser
Balua, P.S- Siwaipatti, District- Muzaffarpur.
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr.Sanjay Kumar S.K., Advocate
For the Opposite Party/s : Mr.Satyendra Prasad, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE ARUN KUMAR JHA
ORAL ORDER
2 30-04-2026 Heard learned counsel for the petitioner and learned
APP for the State.
2. In the present case, the petitioner is
apprehending her arrest in connection with Siwaipatti P.S. Case
No. 95 of 2025 registered for the offences under Sections 190,
191(2), 103(2) of BNS.
3. As per prosecution case, on 16.05.12025 the
husband of the informant went to the house of the petitioner on
being asked by the petitioner to distribute wedding cards. When
he did not return, the informant enquired from the petitioner and
she was told by the petitioner that her husband was not well.
Thereafter, on 18.05.2025 in the evening, the petitioner and co-
accused Om Prakash Ram brought the husband of the informant
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to her doors in an auto and he was found to have suffered a
number of injuries. Thereafter, the husband of the informant was
taken to the hospital where he was declared brought dead. The
informant named the petitioner and co-accused persons for
committing the murder of her husband.
4. Learned counsel for the petitioner submits that
the petitioner is innocent and has falsely been implicated in this
case. She has been made accused in this case merely on
suspicion. The true facts of the case is that the husband of the
informant met with a road accident while travelling on
motorcycle with co-accused Om Prakash Ram and sustained
injuries and died during his treatment. The deceased sustained
head injury in their accident and the postmortem report shows
only four abrasions on the body of the deceased and the death is
stated to be caused by haemorrahge, coma and shock due to
above noted injury. Therefore, there is no allegation of any
assault or injury being caused by any person or recovery of
incriminating article from the petitioner and on wrong
information, the petitioner as well as other co-accused persons
have been made accused in this case. Learned counsel further
submits that it is also apparent from the FIR that the husband of
the informant went to the house of the petitioner on 16.05.2025
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but when he did not return for two days, still the informant did
not lodge any FIR or enquire about the health of her husband by
meeting the petitioner. Learned counsel further submits that the
petitioner is a lady and she is having clean antecedent.
5. Learned APP opposes the submission made on
behalf of the petitioner. Learned APP submits that there is
specific allegation against the petitioner and other co-accused
persons for causing death of the husband of the informant.
6. Having regard to the facts and circumstances and
submissions made on behalf of the parties and considering the
improbable nature of accusation, let the petitioner above named,
in the event of his arrest or surrender before the court concerned
within a period of eight weeks from today, be released on bail,
on furnishing bail bonds of Rs.10,000/- (Rupees Ten Thousand
Only) with two sureties of the like amount each to the
satisfaction of learned Sub-divisional Judicial Magistrate (East),
Muzaffarpur/concerned court in connection with Siwaipatti P.S.
Case No. 95 of 2025, subject to the condition as laid down
under Section 482(2) of the B.N.S.S. and other following
conditions :
(i) One of the bailors will be a close
relative of the petitioner.
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(ii) The petitioner will remain present
on each and every date fixed by the
court below, if so required by the
learned trial court.
(Arun Kumar Jha, J)
DKS/-
U T
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