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Patna High Court

Sangita DeviversusThe State of Bihar

Decided
Disposal
PARTLY ALLOWED (DISPOSAL)

Holding

Bail was granted to petitioner 3 and denied to petitioners 1 and 2.

Summary

The petitioners, three relatives of a deceased, were implicated in a murder case (Kako (Belwar) P.S. Case No. 86 of 2026) under Sections 103(1), 238 and 3(5) of the BNS. They filed a bail application fearing arrest. The court examined the nature of the allegations, noting that petitioners 1 and 2 (the second wife and mother‑in‑law of the deceased) faced serious accusations, whereas petitioner 3 (the brother‑in‑law) was a junior family member with only a general allegation against him. Consequently, the court denied bail to petitioners 1 and 2 but granted bail to petitioner 3 subject to a Rs.10,000 bond, two sureties, and conditions under Section 438(2) of the CrPC and Section 482 of the BNS. The bail order required surrender within four weeks. The application was thus allowed in part and dismissed in part.

Issues considered

  • Whether bail should be granted to the accused under Section 438(2) of the Code of Criminal Procedure, 1973 in view of the nature of the allegations.
  • Whether the court can exercise its inherent powers under Section 482 of the BNS to deny or grant bail.

Legislation cited

Subjects

  • bail
  • Criminal Procedure Code
  • Section 438
  • Section 482
  • murder allegation
  • high court
  • application dismissed
  • application allowed
  • family relations

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.38672 of 2026
                        Arising Out of PS. Case No.-86 Year-2026 Thana- KAKO District- Jehanabad
                 ======================================================
           1.     Sangita Devi W/o Rakesh Chaudhary Resident of Village -Lodipur, P.S
                  -Bhelawar, Dist -Jehanabad
           2.    Tulsi Devi W/o Nageshwar Chaudhary Resident of Village -Lodipur, P.S
                 -Bhelawar, Dist -Jehanabad
           3.    Nepali Chaudhary @ Shiv Shankar Kumar S/o Nageshwar Chaudhary
                 Resident of Village -Lodipur, P.S -Bhelawar, Dist -Jehanabad

                                                                                   ... ... Petitioner/s
                                                        Versus
           1.    The State of Bihar Patna
           2.    Minna Devi W/o Pradip Chaudhary R/o Vill- Emilyachak, P.S- Tekary, Dist-
                 Gaya Ji.

                                                        ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :        Mr.Amrendra Kumar Singh
                 For the Opposite Party/s :        Mr.Ramchandra Sahni
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE SANDEEP KUMAR
                                       ORAL ORDER

2   17-06-2026                     Heard learned counsel for the petitioners and

                   learned APP for the State.

                                   2.         The petitioners apprehend their arrest in

                   connection with Kako (Belawar) P.S. Case No. 86 of 2026

                   registered for the offence under Sections 103(1), 238 and 3(5) of

                   the BNS.

                                   3. As per the prosecution case, the petitioners are

                   said to have killed the deceased.

                                   4. The petitioner no. 01 is the second wife of the

                   husband of the deceased, petitioner no. 02 is the mother-in-law
          Patna High Court CR. MISC. No.38672 of 2026(2) dt.17-06-2026
                                                      2/2




                    of the deceased and petitioner no. 03 is the brother-in-law of the

                    deceased.

                                    5. Considering the nature of allegation levelled

                    against the petitioner no. 1 and 2, this Court is not inclined to

                    grant bail to them. So far as petitioner no. 3 is concerned, he is

                    the junior member of the family and there is general and

                    omnibus allegation against him.

                                    6. Considering the aforesaid facts, this application

                    is allowed with regard to petitioner no. 3 and dismissed with

                    regard to petitioner no. 1 and 2.

                                     7. Let the petitioner no. 3, above named, in the

                    event of his arrest or surrender before the concerned Court

                    below within four weeks from today, 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 Kako

                    (Belwar) P.S. Case No. 86 of 2026, subject to the conditions laid

                    down in Section 438(2) of the Code of Criminal Procedure,

                    1973 / Section 482 of the BNSS.



                                                               (Sandeep Kumar, J)
Vikas/-

U


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