Patna High Court
Meera DeviversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- SANDEEP KUMAR
Holding
The court allowed regular bail, considering the period of custody and the petitioner being a woman.
Summary
Meera Devi, a woman, was arrested in connection with a murder case (Kamtaul P.S. Case No. 2 of 2025) and charged under several sections of the Bharatiya Nyaya Sanhita, 2023, including offences relating to homicide and weapon use. She claimed innocence, asserting that the knife alleged to be used by her fell from the prosecution’s house, and had been in custody since 2 January 2025. The State opposed her bail application, while the petitioner’s counsel argued for her release. The Patna High Court, noting the length of her pre‑trial detention and her status as a woman, allowed her regular bail on a bond of Rs. 10,000 with two sureties. Consequently, she was ordered to be released pending trial.
Issues considered
- Whether the petitioner is entitled to regular bail despite being charged with serious offences under the Bharatiya Nyaya Sanhita, 2023
- Whether the petitioner’s gender and period of pre‑trial custody warrant the grant of bail
Legislation cited
- Bharatiya Nyaya Sanhita, 2023 — s. 103, 109, 115(2), 118(1), 126(2), 329(4), 3(5)
Subjects
- bail
- regular bail
- pre‑trial detention
- Bharatiya Nyaya Sanhita
- gender
- criminal procedure
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.70239 of 2025
Arising Out of PS. Case No.-2 Year-2025 Thana- KAMTAUL District- Darbhanga
======================================================
Meera Devi Wife of Mr. Tez Narayan Mishra R/o Village - Kahariya, P.S.-
Kamtaul, District - Darbhanga
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Ajay Kumar Thakur, Advocate
Mr. Purushottam Kumar, Advocate
For the Opposite Party/s : Mr. Shyam Kumar Singh, APP
Ms. Rina Sinha
For the Informant : Ms. Eashita Raj
======================================================
CORAM: HONOURABLE MR. JUSTICE SANDEEP KUMAR
ORAL ORDER
4 26-03-2026 Heard Mr. Ajay Kumar Thakur, the learned counsel
for the petitioner; the learned APP for the State; and Ms. Eashita
Raj, the learned counsel for the informant.
2. The petitioner seeks regular bail in connection with
Kamtaul P.S. Case No. 2 of 2025 registered for the offence
under Section(s) 126(2), 115(2), 118(1), 109, 103, 329(4) and
3(5) of the Bharatiya Nyaya Sanhita, 2023.
3. As per the prosecution case, the petitioner is
accused of giving a knife blow to the deceased.
4. Learned counsel for the petitioner submits that the
petitioner is innocent and has not committed any offence.
Petitioner is in custody since 02.01.2025. He further submits
Patna High Court CR. MISC. No.70239 of 2025(4) dt.26-03-2026
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that it is the prosecution which had gone to the house of the
petitioner and their knife fell down which is alleged to have
been used by the petitioner.
5. Learned A.P.P. for the State and the learned counsel
for the informant have vehemently opposed the prayer for bail.
6. Considering the aforesaid facts and circumstances,
the period of custody and the fact that the petitioner is a woman,
this application for regular bail is allowed.
7. Accordingly, let the petitioner, above named, be
released on bail on furnishing bail bonds of Rs. 10,000/- (Ten
Thousand) with two sureties of the like amount each to the
satisfaction of the learned Court below where the case is
pending/successor Court in connection with Kamtaul P.S. Case
No. 2 of 2025.
(Sandeep Kumar, J)
Shishir/-
U T
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