Patna High Court
Sandhya Devi @ NaginversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- ARUN KUMAR JHA
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
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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
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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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