Patna High Court
Shanti Kuwr @ Shanti Kuer @ Shanti KunwarversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- PARTHA SARTHY
Holding
The petitioner is entitled to regular bail after charge framing and the lapse of the stipulated period.
Summary
Shanti Kunwar, the petitioner, was accused in PS Karahgar Case No.302 of 2025 under sections 80(2), 238(a) and 3(5) of the Bharatiya Nyaya Sanhita, 2023 for allegedly torturing and causing the death of her daughter‑in‑law. She has been in custody since 18 September 2025. An earlier bail application was rejected on 24 February 2026, but the court allowed her to renew the plea after charge framing or after three months, whichever was later. Charges were framed on 10 March 2026, satisfying the condition for renewal, and the petitioner offered to cooperate with the trial. Considering the material on record, the elapsed custody period, and the statutory provision, the court directed that she be released on regular bail upon furnishing a bail bond of Rs.10,000 with two sureties.
Issues considered
- Whether the petitioner is entitled to regular bail after the charge has been framed and more than three months have elapsed since the earlier bail order.
Legislation cited
- Bharatiya Nyaya Sanhita, 2023 — s. 238(a), 3(5), 80(2)
Subjects
- regular bail
- criminal procedure
- murder
- torture
- mother‑in‑law
- Bharatiya Nyaya Sanhita
- charge framing
- custody
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.40629 of 2026
Arising Out of PS. Case No.-302 Year-2025 Thana- KARAHGAR District- Rohtas
======================================================
Shanti Kuwr @ Shanti Kuer @ Shanti Kunwar, Wife of Late Hiralal Thakur
@ Hira Thakur @ Hiralal Sharma, Resident of Village- Baheri, P.S.-
Kargahar, District- Rohtas.
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Babu Nandan Prasad, Advocate
For the Opposite Party/s : Ms. Madhuri Lata, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE PARTHA SARTHY
ORAL ORDER
2 03-07-2026 Heard learned counsel for the parties.
2. The petitioner has renewed her prayer for grant of
regular bail in connection with Karahgar P.S. Case no.302 of
2025, registered under sections 80(2), 238(a) and 3(5) of the
Bharatiya Nyaya Sanhita, 2023.
3. As per the prosecution case, the daughter of the
informant was married to the son of the petitioner in April,
2024. It is further stated that she was tortured by the accused
persons including the petitioner herein, who happens to be her
mother-in-law, and finally she was done to death. Her body was
disposed of.
Patna High Court CR. MISC. No.40629 of 2026(2) dt.03-07-2026
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4. It is submitted by learned counsel for the petitioner
submits that the earlier application for bail of the petitioner was
rejected vide order dated 24.2.2026 passed in Cr. Misc.
no.87721 of 2025 giving liberty to the petitioner to renew her
prayer for bail after framing of charge or after three months,
whichever is later. It is submitted that more than 3 months have
passed since the said order and charge has been framed against
the petitioner vide order dated 10.3.2026 passed in Sessions
Trial no.132 of 2026, order-sheet of which is enclosed as
Annexure-P/3 to the petition. The petitioner is in custody since
18.9.2025 and undertakes to cooperate in the trial.
5. The application for bail is opposed by learned
A.P.P. for the State.
6. Having heard learned counsel for the parties and
taking into consideration the allegation against the petitioner in
the F.I.R., the material that has transpired in course of
investigation as noted in the earlier order of rejection, the liberty
granted in the order dated 24.2.2026 (Annexure-P/1), charge
having been framed against the petitioner in the learned trial
Court and the petitioner having remained in custody since
18.9.2025, the petitioner is directed to be enlarged on bail in
connection with Karahgar P.S. Case no.302 of 2025, on
Patna High Court CR. MISC. No.40629 of 2026(2) dt.03-07-2026
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furnishing bail bond of Rs.10,000/- (Rupees Ten Thousand) with
two sureties of the like amount each to the satisfaction of the
learned District and Additional Sessions Judge, Sasaram,
Rohtas.
(Partha Sarthy, J)
avinash/-
U T
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