Patna High Court
Karmi DeviversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- PRABHAT KUMAR SINGH
Holding
The Court granted bail to the petitioner, subject to a bond and sureties, under section 482 of the Bharatiya Nagarik Suraksha Sanhita, 2023.
Summary
Karmi Devi, the mother‑in‑law of a deceased woman, was arrested in a case registered under sections 80(2), 61(2), 238 and 3(5) of the Bharatiya Nyaya Sanhita, 2023 for the alleged murder of the informant’s sister. The petitioner claimed she was falsely implicated, asserting that no specific overt act was alleged against her and that the primary accusation was against the deceased’s husband, who is already in custody. The State opposed her bail application. The Court examined the sufficiency of the material against her and the risk of prejudice to the investigation. Considering the circumstances, the Court ordered that she be released on bail upon furnishing a bond of Rs.10,000 with two sureties, subject to conditions under section 482 of the Bharatiya Nagarik Suraksha Sanhita, 2023.
Issues considered
- Whether the petitioner is entitled to bail despite the serious nature of the offences alleged under the Bharatiya Nyaya Sanhita, 2023.
- Whether the evidence on record is sufficient to justify denial of bail.
Legislation cited
- Bharatiya Nagarik Suraksha Sanhita, 2023 — s. 482
- Bharatiya Nyaya Sanhita, 2023 — s. 238, 3(5), 61(2), 80(2)
Subjects
- bail
- criminal procedure
- murder
- harassment
- Bharatiya Nyaya Sanhita
- Bharatiya Nagarik Suraksha Sanhita
- section 482
- false implication
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.5501 of 2026
Arising Out of PS. Case No.-3 Year-2025 Thana- MANPUR District- Nalanda
======================================================
Karmi Devi Wife of Sudhir Paswan Resident of village - Tetrawan, P.S.-
Manpur, District - Nalanda
... ... Petitioner/s
Versus
The State of Bihar Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr.Manoj Kumar Pandey, Advocate
For the Opposite Party/s : Mr.Vinod Shanker Modi, A.P.P.
Mr. Rohit Ranjan, Advocate
======================================================
CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH
ORAL ORDER
2 04-02-2026 Heard learned counsel for the parties.
2. Petitioner apprehends arrest in a case registered for
the offence punishable under sections 80(2), 61(2), 238 and
3(5) of the Bharatiya Nyaya Sanhita, 2023.
3. Informant’s sister was married with one Vishal Paswan
two years back. After sometime, petitioner and their family
members started subjecting the victim to cruelty and
harassment. Later on, informant’s sister was killed by this
petitioner and other family members.
4. Learned counsel for the petitioner submits that the
petitioner is innocent and has falsely been implicated in this
case. Petitioner is mother-in-law of the deceased. There is
general and omnibus allegation against this petitioner and no
Patna High Court CR. MISC. No.5501 of 2026(2) dt.04-02-2026
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specific overt act has been alleged against him. She is separate
in mess and business. Thrust of allegation is against the
husband of the deceased who is in custody.
5. Learned counsel for the State and the informant
oppose the prayer for bail.
6. Considering the aforesaid facts and circumstances
of the case, in the event of arrest or surrender within eight
weeks from today, let the petitioner, as named above, be
enlarged 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 Judicial Magistrate 1st class, Nalanda at
Biharsharif in Manpur Police Station Case No. 03/2025, subject
to the conditions laid down under section 482 of the Bharatiya
Nagarik Suraksha Sanhita, 2023.
(Prabhat Kumar Singh, J)
shashi/-
U T
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