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Patna High Court

Rukiya DeviversusThe State of Bihar

Decided
Disposal
DISMISSED

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

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
                                                       2/2




                     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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