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Patna High Court

Chano Devi @ Chando DeviversusThe State of Bihar

Decided
Disposal
BAIL GRANTED

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

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
                                            2/3




          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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