Patna High Court
Fulmanti Devi @ Bachi Devi @ Sangeeta DeviversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- SANDEEP KUMAR
Holding
The court granted regular bail to the petitioner.
Summary
The petitioner, Fulmanti Devi, mother‑in‑law of the deceased, was charged under Sections 103(1), 238 and 3(5) of the Bharatiya Nyaya Sanhita, 2023 for allegedly poisoning the victim over a dowry demand. She had been in custody since 20 January 2025 and her earlier bail application was rejected. The prosecution alleged a dowry‑related murder, while the petitioner claimed innocence and highlighted that the allegations were general and omnibus. The court, noting the length of custody, delay in trial, and the petitioner’s status as a woman, allowed the regular bail application on condition of a bail bond and sureties. The order was limited to the bail matter and did not prejudice the merits of the trial.
Issues considered
- Whether regular bail should be granted to the petitioner charged with offences under Sections 103(1), 238 and 3(5) of the Bharatiya Nyaya Sanhita, 2023 considering the nature of the allegations and custodial delay.
Legislation cited
- Bharatiya Nyaya Sanhita, 2023 — s. 103(1), 238, 3(5)
Subjects
- bail
- dowry death
- poisoning
- criminal procedure
- gender
- Bharatiya Nyaya Sanhita
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.30310 of 2026
Arising Out of PS. Case No.-12 Year-2025 Thana- SAKURABAD District- Jehanabad
======================================================
Fulmanti Devi @ Bachi Devi @ Sangeeta Devi S/O Ramchnadra Sao @ Tota
Sao R/V- Gappo Chak, P.S.- Shakarabad, Dist.- Jehanabad
... ... Petitioner/s
Versus
The State of Bihar Patna
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Eashita Raj
For the Opposite Party/s : Mr. Narsingh Tanti
======================================================
CORAM: HONOURABLE MR. JUSTICE SANDEEP KUMAR
ORAL ORDER
2 08-05-2026 Heard the learned counsel for the petitioner and the
learned APP for the State.
2. This is the 2nd attempt of the petitioner for regular
bail in connection with Shakurabad P.S. Case No. 12 of 2025
registered for the offence under Sections 103(1), 238 and 3(5) of
the Bharatiya Nyaya Sanhita, 2023. Earlier the bail application
of the petitioner was rejected by this Court on 12.05.2025 in Cr.
Misc. No. 20116 of 2025.
3. As per the prosecution case, the petitioner, along
with other co-accused persons, allegedly poisoned the deceased
due to non-fulfillment of a dowry demand.
4. Learned counsel for the petitioner submits that the
petitioner is innocent and has not committed any offence. The
petitioner is in custody since 20.01.2025. It is further submitted
Patna High Court CR. MISC. No.30310 of 2026(2) dt.08-05-2026
2/2
that the allegation against the petitioner is general and omnibus,
and the petitioner is the mother-in-law of the deceased. In the
trial, out of six witnesses, two witnesses have been examined.
5. Learned A.P.P. has vehemently opposed the prayer
for bail.
6. Considering the aforesaid facts and circumstances,
the period of custody and the delay in trial as well as the fact
that the petitioner is a woman, this application for regular bail is
allowed.
7. Accordingly, let the petitioner, above named, be
released on bail on furnishing bail bond of Rs. 10,000/- (Ten
Thousand)with two sureties of the like amount each to the
satisfaction of the learned Court below where the case is
pending/successor Court in connection with Shakurabad P.S.
Case No. 12 of 2025.
8. It is made clear that any observation made herein is
prima facie in nature and is confined solely to the adjudication
of the present bail application. Such observations shall not be
construed as an expression on the merits of the case and shall
not influence the trial or any other proceedings in any manner.
(Sandeep Kumar, J)
Shishir/-
U T
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