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Patna High Court

Bachchi DeviversusThe State of Bihar

Decided
Disposal
BAIL GRANTED

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
Patna High Court CR. MISC. No.28704 of 2026(2) dt.30-04-2026
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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
Patna High Court CR. MISC. No.28704 of 2026(2) dt.30-04-2026
                                            3/4




          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.
            Patna High Court CR. MISC. No.28704 of 2026(2) dt.30-04-2026
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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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