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Patna High Court

Sandhya Devi @ NaginversusThe State of Bihar

Decided
Disposal
BAIL GRANTED

Holding

The court granted bail to the petitioner subject to conditions under Section 480(3) of the B.N.S.

Summary

The petitioner, Sandhya Devi, who originally lodged an FIR alleging the murder of her husband, was later made an accused in the same case alongside two co‑accused. She has been in custody since 22‑04‑2025, has no prior criminal record, and is a mother of four young children. The State opposed bail, citing alleged illicit relationship with a co‑accused, delayed filing of the FIR, and the seriousness of the offences under Sections 103(1), 238(a) and 3(5) of the B.N.S. The petitioner’s counsel argued that she was merely an informant and that bail had been granted to the other co‑accused. Considering the petitioner’s personal circumstances, lack of antecedents, and the charge sheet, the court granted bail on a Rs.10,000 bond with two sureties, subject to conditions under Section 480(3) of the B.N.S. and additional safeguards.

Issues considered

  • Whether bail should be granted to the petitioner accused of murder under Sections 103(1), 238(a) and 3(5) of the B.N.S.
  • Whether the petitioner’s alleged involvement, including alleged illicit relationship and delay in filing the FIR, justifies denial of bail
  • Whether the conditions prescribed in Section 480(3) of the B.N.S. are satisfied for granting bail

Legislation cited

  • B.N.S. — s. 103(1), 238(a), 3(5), 480(3)

Subjects

  • bail
  • murder
  • informant
  • co‑accused
  • women
  • children
  • Section 480
  • criminal procedure

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.71432 of 2025
                        Arising Out of PS. Case No.-55 Year-2025 Thana- RAJGIR District- Nalanda
                 ======================================================
                 Sandhya Devi @ Nagin W/o Rajiv Singh @ Naga R/o Village- Mahadeopur,
                 P.S.- Rajgir, District- Nalanda
                                                                      ... ... Petitioner/s

                                                        Versus
                 The State of Bihar
                                                        ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :       Mr.Ashok Kumar Singh, Advocate
                 For the State           :        Mr.Md. Ataur Rahman, APP
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE ARUN KUMAR JHA
                                       ORAL ORDER

3   17-01-2026                   Heard learned counsel for the petitioner and learned

                   APP for the State.

                                 02. In the present case, the petitioner seeks bail in

                   connection with Rajgir P.S. Case No. 55 of 2025 registered for

                   the alleged offences under Sections 103(1), 238(a), 3(5) of

                   B.N.S.

                                 03. As per prosecution case, the petitioner is the

                   informant and she lodged FIR with allegation against 8 FIR

                   named persons for killing of her husband. After investigation the

                   police came to know about the informant being involved in the

                   murder of her husband along with two other co-accused persons

                   Nitish Kumar and Deepak Kumar.

                                 04. Learned counsel for the petitioner submits that the

                   petitioner has been made accused in this case which was lodged

                   at her instance. There is no material to show the involvement of
Patna High Court CR. MISC. No.71432 of 2025(3) dt.17-01-2026
                                            2/3




          the petitioner. Merely on suspicion, she has been dragged in this

          case. Similarly placed co-accused Deepak Kumar has been

          granted bail by learned Sessions Court and another co-accused

          Nitish Kumar has been granted bail by a Co-ordinate Bench

          vide order dated 12.01.2026 passed in Cr. Misc. No. 58039 of

          2025. The petitioner, a lady, aged about 30 years and has four

          children and youngest one is aged one and half years. She is in

          custody since 22.04.2025 and charge sheet has been submitted.

          The petitioner has got no criminal antecedent.

                       05. Learned APP opposes the submission made on

          behalf of the petitioner. Learned APP submits that the witnesses

          examined during investigation including cousin of the petitioner

          stated about her illicit relationship with Deepak Kumar. The

          conduct of the petitioner was also suspicious as she did not

          lodge any FIR for missing of her husband for a number of days

          and only when the dead body was recovered, she lodged the

          FIR.

                       06. Having regard to the facts and circumstances and

          submissions made on behalf of the parties and considering the

          fact that the petitioner is a lady and has four children and also

          considering the submission of charge sheet against her and

          period of custody, the petitioner above named is directed to be
            Patna High Court CR. MISC. No.71432 of 2025(3) dt.17-01-2026
                                                        3/3




                      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 learned Chief Judicial Magistrate, Nalanda at

                      Biharsharif/concerned Court in connection with Rajgir P.S. Case

                      No. 55 of 2025, subject to the conditions mentioned in Section

                      480(3) of B.N.S.S. and also the following conditions :

                                                      (i) One of the bailors will be a close

                                                      relative of the petitioner.

                                                      (ii) The petitioner will remain present

                                                      on each and every date fixed by the

                                                      court below.

                                                      (iii) In case of absence on three

                                                      consecutive dates or in violation of the

                                                      terms of the bail, the bail bond of the

                                                      petitioner will be liable to be cancelled

                                                      by the court concerned.



                                                (Arun Kumar Jha, J)

    DKS/-

U       T


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