Patna High Court
Samauti DeviversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- RAJESH KUMAR VERMA
Holding
The court held that bail should be granted to the petitioner.
Summary
Samauti Devi, wife of Manoj Uraon, was arrested on 19 October 2025 in connection with a murder case (Nauhatta P.S. Case No. 101 of 2025) under Sections 191(2), 190, 103(1) of the Bharatiya Nyay Sanhita, 2023 and Section ¾ of the Bihar Witch (Daain) Practices Act, 1999. She applied for bail, arguing that she has a clean antecedent and that the FIR does not allege any specific assault or overt act against her. The prosecution opposed the bail. The court noted that co‑accused persons had already been granted anticipatory or regular bail in related matters and found no specific allegation of assault against the petitioner. Considering her clean record and the lack of a direct charge, the court ordered her release on bail with a bond of Rs 10,000 and two sureties, subject to conditions regarding cooperation, presence, and non‑tampering with evidence. The bail order was made effective immediately, subject to verification of her criminal antecedent by the lower court.
Issues considered
- Whether bail should be granted to the petitioner despite the serious charges under the Bharatiya Nyay Sanhita and the Bihar Witch (Daain) Practices Act.
- Whether the absence of a specific allegation of assault or overt act against the petitioner justifies granting bail.
- Whether the bail granted to co‑accused persons influences the decision to grant bail to the petitioner.
Legislation cited
- Bharatiya Nyay Sanhita, 2023 — s. 103(1), 190, 191(2)
Subjects
- bail
- criminal procedure
- murder
- witchcraft act
- anticipatory bail
- clean antecedent
- conditions of bail
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.6533 of 2026
Arising Out of PS. Case No.-101 Year-2025 Thana- NAUHATTA District- Rohtas
======================================================
Samauti Devi Wife of Manoj Uraon Resident of Village- Hurmaitha, P.S.-
Nauhatta, District- Rohtas
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Ashwani Kumar Tiwary, Advocate
For the Opposite Party/s : Mr. Sunil Kumar Pandey, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE RAJESH KUMAR VERMA
ORAL ORDER
2 30-01-2026 Heard Mr. Ashwani Kumar Tiwary, learned counsel
for the petitioner as well as Mr. Sunil Kumar Pandey, learned
Additional Public Prosecutor for the State.
2. Petitioner seeks bail who is in custody since
19.10.2025 in connection with Nauhatta P.S. Case No. 101 of
2025, F.I.R. dated 11.04.2025 for the offences punishable under
Sections 191(2), 190, 103(1) of the Bharatiya Nyay Sanhita,
2023 and under Section ¾ bihar Witch (Daain) Practices Act,
1999.
3. According to prosecution case, the informant
alleged that the petitioners along with other co-accused persons
killed his wife, namely, Kismi Devi by throlling.
4. Learned counsel for the petitioner submits that
petitioner has clean antecedent and she has falsely been
Patna High Court CR. MISC. No.6533 of 2026(2) dt.30-01-2026
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implicated in the present case. From bare perusal of the FIR, it
appears that there is no specific assault or overt act against the
petitioner rather the allegation levelled against her is general
and omnibus and the similarly situated co-accused persons,
namely, Raghunath Uraon and others have been granted
privilege of anticipatory bail by this Court vide order dated
08.09.2025 in Cr. Misc. No.60726 of 2025 and another co-
accused person, namely, Manoj Uraon has been granted regular
bail by the co-ordinate Bench of this Court vide order dated
09.09.2025 passed in Cr. Misc. No. 60892 of 2025 and police
after investigation has submitted charge-sheet against the
petitioner. The petitioner is in custody since 19.10.2025.
5. Learned Additional Public Prosecutor has
vehemently opposed the prayer for bail of the petitioner.
6. Considering the aforesaid facts and circumstances,
petitioner has clean antecedent and there is no specific
allegation of assault or overt act against her and similarly
situated co-accused persons have been granted bail by this
Court/co-ordinate Bench of this Court, let the petitioner, above
named, 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 learned J.M.F.C., Dehri, Rohtas in
Patna High Court CR. MISC. No.6533 of 2026(2) dt.30-01-2026
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connection with Nauhatta P.S. Case No. 101 of 2025, subject to
the following conditions:-
i. Petitioner shall co-operate in the trial and shall be
properly represented on each and every date fixed by the court
and shall remain physically present as directed by the court and
on her absence on two consecutive dates without sufficient
reason, his bail bond shall be cancelled by the Court below.
ii. If the petitioner tampers with the evidence or the
witnesses, in that case, the prosecution will be at liberty to
move for cancellation of bail.
iii. And further condition that the court below shall
verify the criminal antecedent of the petitioner and in case at
any stage it is found that the petitioner has concealed her
criminal antecedent, the court below shall take step for
cancellation of bail bond of the petitioner. However, the
acceptance of bail bonds in terms of the above-mentioned order
shall not be delayed for purpose of or in the name of
verification.
(Rajesh Kumar Verma, J)
Suruchi/-
U T
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