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Patna High Court

Puja Devi @ Puja KumariversusThe State of Bihar

Decided
Disposal
BAIL REJECTED

Holding

The Court denied bail, holding that the allegations in the FIR and the commencement of trial justified the rejection of the petition.

Summary

Petitioner Puja Devi sought regular bail in a case registered under Sections 115(2), 118, 103 and 3(5) of the B.N.S., alleging that she was falsely implicated in an assault that resulted in the death of the informant's wife. The FIR, filed by the petitioner’s father‑in‑law, alleged that the petitioner and her husband Krishna Kumar assaulted the informant’s younger son Alok Jaiswal and his wife, leading to the mother’s death. The petitioner argued that the FIR did not specifically allege assault against her and that the informant was not an eye‑witness. The State contended that the FIR, though not an encyclopedia, was based on information from the injured parties and that the trial had already commenced, making bail unnecessary. The Court, after considering the submissions, found that the allegations were sufficient to justify denial of bail and that the commencement of trial negated any useful purpose of release. Consequently, the petition for bail was rejected.

Issues considered

  • Whether the petitioner is entitled to regular bail despite the FIR alleging her participation in assault leading to death
  • Whether the lack of an eye‑witness and the general nature of the FIR preclude denial of bail
  • Whether the commencement of trial bars the grant of bail

Legislation cited

  • B.N.S. — s. 103, 115(2), 118, 3(5)

Subjects

  • bail
  • assault
  • murder
  • false implication
  • criminal procedure
  • B.N.S.
  • trial commencement

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.54655 of 2025
                      Arising Out of PS. Case No.-201 Year-2024 Thana- DHAMDAHA District- Purnia
                 ======================================================
                 Puja Devi @ Puja Kumari W/o Krishna Kumar Jaiswal @ Krishna Jaiswal
                 Resident of village- Itahri, Ward no. 11, PS- Dhamdaha, District- Purnea

                                                                                  ... ... Petitioner/s
                                                       Versus
                 The State of Bihar

                                                        ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :       Mr. N. K. Agrawal- Sr. Advocate
                                                  Mr. Bidhu Ranjan
                 For the Opposite Party/s :       Mr. Ram Sumiran Rai
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA
                                       ORAL ORDER

3   24-02-2026                   1. Heard learned senior counsel for the petitioner and

                   learned APP for the State.

                                 2. The petitioner seeks bail in Dhamdaha P. S. Case

                   No. 201 of 2024 registered for the offences punishable under

                   Sections 115(2), 118, 103 and 3(5) of the B.N.S.

                                 3. The learned senior counsel for the petitioner

                   submits that informant (father in-law of the petitioner) alleges

                   that his elder son Krishna Kumar was asking him to partition the

                   property, but he had refused, as such, on 14.07.2024, Krishna

                   Kumar Jaiswal along with his wife i.e. petitioner came to the

                   house and assaulted Alok Jaiswal (younger son of the

                   informant) and when he raised an alarm, the wife of the

                   informant along with Puja, wife of Alok came to save him when
Patna High Court CR. MISC. No.54655 of 2025(3) dt.24-02-2026
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          Krishna Kumar and petitioner assaulted them by Dabiya and

          thereafter, Krishna Kumar fled to his matrimonial home along

          with the petitioner and the injured were brought to the hospital,

          but the doctor declared his wife dead i.e. mother in-law of the

          petitioner.

                        4. The learned senior counsel for the petitioner

          submits that petitioner has been falsely implicated in the instant

          case by the informant. It is next submitted that from perusal of

          the allegation as alleged in the F.I.R., it would manifest that no

          specific allegation of assault is alleged against the petitioner. It

          is next submitted that informant is not eye witness to the

          occurrence, but then, fairly submits that charges have been

          framed and trial has commenced and one witness has been

          examined.

                        5. Learned A.P.P. opposes the bail application and

          submits that FIR has been instituted by the father in-law of the

          petitioner, who specifically alleges that this petitioner along

          with her husband i.e. son of the informant committed the

          occurrence of assault leading to death of his wife i.e. own

          mother of Krishna Kumar Jaiswal and mother in-law of the

          petitioner. It is also submitted that informant may not be an eye

          witness to the occurrence, but then, it appears that he was
               Patna High Court CR. MISC. No.54655 of 2025(3) dt.24-02-2026
                                                           3/3




                         informed by the injured persons about the occurrence. It is also

                         submitted that FIR is not an encyclopedia. It is next submitted

                         that since trial has commenced, as such, no useful purpose

                         would be served by releasing the petitioner on bail.

                                      6. Considering the submissions made by the learned

                         A.P.P., the Court is not inclined to release the petitioner on bail.

                                      7. The prayer of the petitioner for regular bail stands

                         rejected.



                                                   (Satyavrat Verma, J)
vikash/-

U          T


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