Patna High Court
Suman DeviversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- RAJESH KUMAR VERMA
Holding
The court held that, in view of the petitioner’s clean antecedent and the insufficiency of evidence, bail should be granted subject to conditions.
Summary
The petitioner, Suman Devi, was arrested on 10 May 2025 in connection with a case alleging that she set fire to Geeta Devi, resulting in Geeta's death. The prosecution alleged that the petitioner ignited a matchbox on the victim's sari and later threw water, leading to fatal burns. The petitioner pleaded innocence, claiming a clean antecedent, that the FIR was fabricated, and that no physical evidence of fire was found at the scene. Counsel argued there were no eyewitnesses or material linking the petitioner to the crime. The Additional Public Prosecutor opposed bail, but the court, noting the lack of substantive evidence and the petitioner’s clean record, granted bail on a Rs.10,000 bond with two sureties and imposed standard conditions for appearance and non‑tampering with evidence.
Issues considered
- Whether the petitioner is entitled to bail under the provisions applicable to offences under Section 103(1) of the BNS.
- Whether the material evidence and circumstances justify continued detention of the petitioner.
Legislation cited
- BNS — s. 103(1)
Subjects
- bail
- arson
- murder
- Section 103(1) BNS
- clean antecedent
- criminal procedure
- fabricated FIR
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.72322 of 2025
Arising Out of PS. Case No.-246 Year-2025 Thana- CHAPRA TOWN District- Saran
======================================================
Suman Devi Wife of Vishal Kumar Resident of Village - Krishnapuri,Police
line, Hawai adda, ward no.-15, P.S.- Chapra Town, District - Saran.
... ... Petitioner
Versus
The State of Bihar
... ... Opposite Party/
======================================================
Appearance :
For the Petitioner/s : Ms. Shambhavi, Advocate
: Ms. Aashi Wats, Advocate
: Ms. Mili Kumari, Advocate
For the Opposite Party/s : Mr. Yogendra Kumar Singh, A.P.P.
======================================================
CORAM: HONOURABLE MR. JUSTICE RAJESH KUMAR VERMA
ORAL ORDER
3 19-03-2026 Heard learned counsel for the petitioner and
learned Additional Public Prosecutor for the State.
2. Petitioner seeks bail who is in custody since
10.05.2025 in connection with Chapra Town P.S. Case No. 246
of 2025 for the offence punishable under Section 103(1) of
BNS.
3. The case of the prosecution, in brief, is that on
07.05.2025 at about 20:12 hours Geeta Devi, wife of the
informant was set on fire by Suman Devi, daughter-in-law of the
informant and on getting information about the alleged
occurrence on mobile phone, the informant and his son came at
home and found Geeta Devi in an injured condition who
disclosed that while she was sleeping, the petitioner applied
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match- box to her sari and went on the roof and when she
received burn injury on her person, petitioner came and thrown
water on her person and in course of treatment, Geeta Devi died
on 09.05.2025 at 06.00 A.M.
4. Learned counsel for the petitioner submits that
petitioner has clean antecedent and is innocent and she has
falsely been implicated in the present case. It is further
submitted that the allegation as alleged in the FIR is forged and
fabricated and the petitioner has not committed any offence as
alleged in the FIR. It is next submitted that petitioner is
daughter-in-law of the deceased and due to some petty dispute
the petitioner has been falsely implicated in the present case by
the informant for the reason best known to him. Learned
counsel for the petitioner submits that the Investigating Officer
has visited the place of occurrence and he has not found any
mark of smoke or burn at the place of occurrence which
suggests that the place of occurrence is doubtful. Apart from
aforesaid, there is no eye-witness to the alleged occurrence and
merely based on suspicion, the petitioner has been made
accused in the present case. Apart from aforesaid, no cogent
material suggests that the petitioner is involved in the present
case and that the police after investigation submitted the charge
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sheet against the petitioner. The petitioner is in custody since
10.05.2025.
5. The learned Additional Public Prosecutor has
vehemently opposed the prayer for bail of the petitioner.
6. Considering the aforesaid facts and circumstances
and the fact that petitioner is a person with clean antecedent and
is in custody since 10.05.2025, 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 Additional Sessions Judge-15th,
Saran at Chapra in connection with Chapra Town P.S. Case No.
246 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 his absence on two consecutive dates without sufficient
reason, her bail bond shall be canceled 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
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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)
Gaurav Sinha/-
U T
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