Patna High Court
Chano Devi @ Chando DeviversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- ANSHUMAN
Holding
Bail was granted to the petitioner subject to a Rs.30,000 bond and conditions under Section 482(2) of the Bharatiya Nyaya Sanhita, 2023.
Summary
Chano Devi was named in an FIR for allegedly instigating the suicide of an informant's daughter under Sections 108, 115(2), 126(2) and 3(5) of the Bharatiya Nyaya Sanhita, 2023. She pleaded innocence, asserting that she lived separately from the deceased's family and produced separate electricity, ration and gram panchayat certificates as proof. The State opposed bail, citing the seriousness of the charges and an alleged abatement in the FIR. The Court examined the petitioner’s separate residence, clean antecedent and the lack of direct involvement, and applied Section 2(1)(d) and Section 482(2) of the B.N.S.S. to grant bail. Bail was conditioned on a Rs.30,000 bond and compliance with the stipulated conditions for a period of four weeks.
Issues considered
- Whether the petitioner is entitled to bail under Section 2(1)(d) of the Bharatiya Nyaya Sanhita, 2023 despite the serious nature of the offences.
- Whether the circumstances, including separate residence and clean antecedent, justify granting bail under Section 482(2) of the B.N.S.S.
Legislation cited
- Bharatiya Nyaya Sanhita, 2023 — s. 108, 115(2), 126(2), 2(1)(d), 3(5), 482(2)
Subjects
- bail
- suicide
- instigation
- Bharatiya Nyaya Sanhita
- criminal procedure
- separate residence
- clean antecedent
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.38071 of 2026
Arising Out of PS. Case No.-308 Year-2025 Thana- JAHANABAD District- Jehanabad
======================================================
Chano Devi @ Chando Devi wife of Ajit Paswan @ Snaju Paswan Residsent
of Village -Bhuvan Bigha PS -Kalpa, Dist- Jehanabad
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Anil Kumar Singh, Advocate
For the Opposite Party/s : Mr. Anant Kumar 1, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE DR. ANSHUMAN
ORAL ORDER
2 17-06-2026 Heard learned counsel for the petitioner and learned
APP for the State.
2. The petitioner is apprehending arrest in connection
with Jehanabad (Kalpa) P.S. Case No. 308 of 2025 lodged on
20.04.2025, for the offence punishable under Sections 108,
115(2), 126(2) & 3(5) of the Bharatiya Nyaya Sanhita, 2023.
3. As per the prosecution, FIR has been lodged against
4 named accused persons including the present petitioner. It has
been alleged that all the accused persons have instigated the
daughter of the informant due to which she committed suicide.
4. Learned counsel for the petitioner submits that the
petitioner is innocent and has committed no offence. He submits
that the petitioner is a female and aunt of the deceased. Counsel
Patna High Court CR. MISC. No.38071 of 2026(2) dt.17-06-2026
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submits that the petitioner is residing separately from the family
of the deceased. In support thereof, the separate electricity bill
as well as ration card and the certificate issued by the Deputy
Mukhiya, Gram Panchayat- Kalpa are annexed as Annexure-
P/2 and P/3. He submits that since, petitioner was living
separately and being female, she has nothing to do with the
family of the deceased. The petitioner has unnecessarily been
made accused in this case. Counsel further submits that the
petitioner has clean antecedent and she is ready to fulfill all the
conditions whatsoever shall be imposed upon her.
5. Learned APP for the State opposes the prayer for
bail of the petitioner and submits that allegation of abatement is
there in the FIR.
6. In the present facts and circumstances of this case
considering that the petitioner was living separately from the
family of the deceased and having separate electricity bill, ration
card and the certificate issued by the Deputy Mukhiya, Gram
Panchayat- Kalpa, let the above named petitioner be released on
bail, in the event of arrest or surrender before the Trial Court
within a period of 4 weeks from today, on furnishing bail bond
of Rs.30,000/- (Rupees Thirty Thousand) as mentioned in
Section 2(1)(d) of the B.N.S.S., 2023 to the satisfaction of
Patna High Court CR. MISC. No.38071 of 2026(2) dt.17-06-2026
3/3
C.J.M, Jehanabad, in connection with Jehanabad (Kalpa) P.S.
Case No. 308 of 2025, subject to the conditions as laid down
U/s 482(2) of the B.N.S.S., 2023.
(Dr. Anshuman, J)
Divyansh/-
U T
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