Patna High Court
Rukiya DeviversusThe State of Bihar
- Decided
- Disposal
- DISMISSED
- Bench
- SANDEEP KUMAR
Holding
Bail was denied as the petitioner was found to have conspired in the murder of her husband.
Summary
Rukiya Devi applied for bail in a case registered under Section 103(1) of the Bharatiya Nyaya Sanhita for the alleged conspiracy to murder her husband. The husband was killed by unknown assailants and the petitioner was the informant. During investigation, co‑accused Krishan Kumar confessed that he and the petitioner conspired to kill the husband. The petitioner has been in custody since 21 July 2025. The Court noted the seriousness of the alleged conspiracy and the fact that the murder was completed, and therefore refused bail. The application was dismissed, with the Court clarifying that its observations are limited to the bail application and do not prejudice the trial.
Issues considered
- Whether bail should be granted to the petitioner accused of conspiracy to murder under Section 103(1) of the Bharatiya Nyaya Sanhita.
Legislation cited
- Bharatiya Nyaya Sanhita — s. 103(1)
Subjects
- bail
- conspiracy to murder
- Section 103
- Bharatiya Nyaya Sanhita
- criminal procedure
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.3155 of 2026
Arising Out of PS. Case No.-805 Year-2025 Thana- SAHARSA SADAR District- Saharsa
======================================================
Rukiya Devi W/o Late- Jangal Mukhiya R/o Village- Dhamasaina Ward
No.01, P.S- Saur Bazar, Dist- Saharsa.
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr.Amarnath Jha, Advocate
For the State : Mr.Md. Iftekhar Mahmood, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE SANDEEP KUMAR
ORAL ORDER
3 31-03-2026 Heard learned counsel for the petitioner and learned
APP for the State.
2. The petitioner seeks bail in connection with
Saharsa Sadar P.S. Case No. 805 of 2025 registered for the
offence punishable under Section 103(1) of the Bharatiya Nyaya
Sanhita.
3. The husband of the petitioner was killed by
unknown criminals. The petitioner was the informant of the
case.
4. During investigation Krishan Kumar has confessed
that he along with the petitioner has conspired to kill the
husband of the petitioner.
5. The petitioner is in custody since 21.07.2025.
6. Considering the fact that the petitioner has
Patna High Court CR. MISC. No.3155 of 2026(3) dt.31-03-2026
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conspired for killing her husband and has succeeded in the
same, I am not inclined to grant bail to the petitioner.
7. Accordingly, the application stands dismissed.
8. It is, however, clarified that the observations made
herein are limited to the adjudication of the present bail
application and shall not prejudice the case of the petitioner at
any subsequent stage of the trial and this Court has not express
any opinion on the merits of the case.
(Sandeep Kumar, J)
P. Kumar
U T
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