Patna High Court
Sunila DeviversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- KHATIM REZA
Holding
The court held that bail should be granted to the petitioner.
Summary
The petitioner, Sunila Devi, aged about 63, was charged under Sections 103(1) and 3(5) of the Bharatiya Nyaya Sanhita, 2023 for allegedly assaulting an informant with an iron rod and a danda, leading to the informant's death. The defence argued that the post‑mortem report showed no external injuries and the cause of death was cardiopulmonary arrest, contending that the death was accidental during a quarrel over a land dispute and that there was no intention to kill. The petitioner is a senior citizen with a clean record and has been in custody since September 2025. The prosecution opposed bail. After considering the facts, the court held that the circumstances did not warrant continued detention and ordered bail on condition of a Rs.10,000 bond with two sureties. The application for bail was therefore allowed.
Issues considered
- Whether bail should be granted in a homicide case under Sections 103(1) and 3(5) of the Bharatiya Nyaya Sanhita, 2023 given the alleged facts and lack of external injuries.
- Whether the petitioner’s age, clean antecedents, and the nature of the alleged incident justify release on bail.
- Whether the post‑mortem findings and the claim of accidental death affect the bail decision.
Legislation cited
- Bharatiya Nyaya Sanhita, 2023 — s. 103(1), 3(5)
Subjects
- bail
- criminal procedure
- homicide
- intent
- age
- land dispute
- Bharatiya Nyaya Sanhita
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.4657 of 2026
Arising Out of PS. Case No.-519 Year-2025 Thana- GORAUL District- Vaishali
======================================================
Sunila Devi, aged about 63 years, W/O Jagdeo Mahto, resident of Village-
Adampur, P.S.- Goraul, Dist.- Vaishali.
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Surendra Kishore Thakur, Advocate
For the Opposite Party/s : Mr. Shyam Kumar Singh, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE KHATIM REZA
ORAL ORDER
2 28-01-2026 Heard learned counsel for the petitioner and learned
Additional Public Prosecutor for the State.
2. The petitioner seeks bail in connection with Goraul
PS Case No.519 of 2025 dated 06.09.2025, instituted for the
offence punishable under Sections 103(1), 3(5) of the Bharatiya
Nyaya Sanhita, 2023.
3. The allegation against the petitioner is that she
along with co-accused, Sannu Devi, entered into the house of
informant armed with iron rod, Danda and started abusing them
and thereafter threw the mother of the informant on the corner
of the bed and assaulted her by means of Danda due to which
she died at the spot.
4. Learned counsel for the petitioner submits that
there is specific allegation against the petitioner that she
Patna High Court CR. MISC. No.4657 of 2026(2) dt.28-01-2026
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assaulted the deceased on her chest by means of Danda due to
which she died. Learned counsel further submits that from the
postmortem report (Annexure-2), it would appear that no
external injury was found over the body of the deceased. The
cause of death has been mentioned as cardiopulmonary arrest.
The petitioner is next door neighbour of the informant and there
is land dispute between the parties. On account of some quarrel
between the parties, the deceased fell down on the cot and there
was no intention to kill her. Further submission is that the
petitioner is a lady of advance age having clean antecedents and
is in custody since 07.09.2025.
5. Learned APP has opposed the prayer for bail.
6. Having considered the facts and circumstances of
the case and submissions of learned counsel for the parties, let
the petitioner be released on bail upon furnishing bail bonds of
Rs. 10,000/- (ten thousand) with two sureties of the like amount
each to the satisfaction of the Additional District & Sessions
Judge-1, Vaishali, in Goraul PS Case No.519 of 2025.
7. The application stands allowed.
(Khatim Reza, J)
J. Alam/-
U T
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