Patna High Court

Kiran DeviversusThe State of Bihar

Decided: 21 January 2026
Disposal: BAIL REJECTED
Bench: KHATIM REZA

Holding

Bail was denied to the petitioner.

Summary

Kiran Devi, the mother‑in‑law of the deceased, applied for bail in a murder case registered under Sections 137(2), 140(3) and 3(5) of the Bharatiya Nyaya Sanhita, 2023. The prosecution alleged that she, along with others, administered poison to the victim, a claim supported by the statement of the victim's six‑year‑old son and the recovery of a poison pouch from the crime scene. The petitioner contended that she is innocent, has no prior criminal record, and was falsely implicated. The State opposed bail, emphasizing the seriousness of the offence and the corroborative evidence. Justice Khatim Reza, after considering the evidence, refused bail, directed the trial court to expedite the trial within a year, and dismissed the bail application.

Issues considered

Whether bail should be granted to the accused in a murder case under the Bharatiya Nyaya Sanhita, 2023, given the presence of a child witness statement and physical evidence of poison.

Legislation cited

Bharatiya Nyaya Sanhita, 2023 — s. 137(2), 140(3), 3(5)

Subjects

bail
murder
poison
child witness
criminal procedure
Bharatiya Nyaya Sanhita

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.70552 of 2025
                        Arising Out of PS. Case No.-126 Year-2025 Thana- GURARU District- Gaya
                 ======================================================
                 Kiran Devi, W/O Jaynandan Sharma, R/O Vill.- Baliya, P.S.- Guraru, Dist.-
                 Gaya

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

                                                        ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :       Mr. Shivendra Prasad, Adv.
                 For the Opposite Party/s :       Mr. Shailendra Kumar, APP
                 For the Informant        :
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE KHATIM REZA
                                       ORAL ORDER

4   21-01-2026                    Heard learned counsel for the petitioner, learned

                   A.P.P for the State and learned counsel for the informant.

                                2. The petitioner seeks bail in connection with

                   Guraru P.S. Case No. 126 of 2025 dated 16.05.2025

                   registered for the offence punishable under Sections 137(2),

                   140(3) and 3(5) of the Bharatiya Nyaya Sanhita, 2023.

                                3. Allegation against the petitioner is that she

                   being the mother-in-law of the daughter of the informant

                   has assaulted and killed her.

                                4. Learned counsel for the petitioner submits that

                   the petitioner is innocent and has been falsely implicated in

                   this case. It is submitted that the petitioner is the mother-in-
Patna High Court CR. MISC. No.70552 of 2025(4) dt.21-01-2026
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          law of the deceased. The deceased was married to Pankaj

          Kumar, who is son of the petitioner, in the year 2013 and

          out of their wedlock two children were born. The husband

          of the deceased is in custody. Lastly, it has been submitted

          that the petitioner is in custody since 23.05.2025, having no

          criminal antecedent and charge-sheet has been submitted in

          the case.

                       5. On the other hand, learned A.P.P for the State

          and learned counsel for the informant opposes the prayer

          for bail of the petitioner. Learned counsel for the informant

          submits that during investigation, the police has recorded

          statement of son of the deceased, namely, Kunal Kumar

          aged about 6 years, who has clearly stated that all the

          accused persons including the petitioner administered

          poison to the deceased and killed her and thereafter, the

          deceased was cremated in a lonely place. On the statement

          of son of the deceased, the ash of the deceased was

          recovered from an open field. It is further submitted that

          F.S.L. team also recovered pouch of poison kept beneath the

          bed of the deceased.

                       6. Having regard to the facts and circumstances of
            Patna High Court CR. MISC. No.70552 of 2025(4) dt.21-01-2026
                                                        3/3




                      the case coupled with the statement made by the son of the

                      deceased, I am not inclined to grant bail to the petitioner at

                      this stage.

                                   7. Accordingly, the prayer of the petitioner for grant

                      of bail is rejected.

                                   8. The learned Trial Court is directed to take all

                      endeavour to conclude the trial at the earliest, preferably, within

                      one year from the date of receipt/production of a copy of this

                      order without granting any necessary adjournment.

                                   9. This application stands dismissed.



                                                   (Khatim Reza, J)
prabhat/-

U       T

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