Patna High Court
Suiya DeviversusThe State of Bihar
- Decided
- Disposal
- BAIL REJECTED
- Bench
- PARTHA SARTHY
Holding
The Court denied regular bail to the petitioners.
Summary
The petitioners, Suiya Devi (60) and Bachiya Devi (77), were charged with assault leading to the death of an 80‑year‑old informant under sections 126(2), 115(2), 109, 352, 351(2) and 3(5) of the Bharatiya Nyaya Sanhita, 2023. The prosecution alleged that the petitioners attacked the deceased with a lathi, danda, fists and a pasuli, causing serious head injuries that proved fatal. The petitioners contended that the FIR was lodged 12‑14 hours after the incident, the post‑mortem did not support the use of a pasuli, there was no repetition of blows, and they had no prior criminal record. The State opposed bail, citing the post‑mortem findings of head injuries and a stitched wound. After hearing both sides, the Court found the evidence of assault sufficient and declined to grant regular bail, rejecting the petitioners' application.
Issues considered
- Whether regular bail should be granted to the accused under the Bharatiya Nyaya Sanhita in view of the nature of the alleged assault and the post‑mortem evidence.
Legislation cited
- Bharatiya Nyaya Sanhita, 2023 — s. 109, 115(2), 126(2), 3(5), 351(2), 352
- Indian Penal Code — s. 302
Subjects
- regular bail
- assault
- homicide
- Bharatiya Nyaya Sanhita
- post‑mortem report
- age of accused
- criminal procedure
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.74870 of 2025
Arising Out of PS. Case No.-333 Year-2025 Thana- RAJAOLI District- Nawada
======================================================
1. Suiya Devi W/o Late Jitan Yadav R/o Village - Gangata, P.S - Rajauli,
District - Nawada
2. Bachiya Devi W/o Paran Yadav R/o Village - Gangata, P.S - Rajauli, District
- Nawada
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Sunil Kumar, Advocate
For the Opposite Party/s : Mr. Anant Kumar 1, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE PARTHA SARTHY
ORAL ORDER
3 21-01-2026 Heard learned counsel for the petitioners and learned
APP for the State.
2. The petitioners have preferred this application for
grant of regular bail in connection with Rajauli P.S. Case no.
333 of 2025 registered under sections 126(2), 115(2), 109, 352,
351(2) and 3(5) of the Bharatiya Nyaya Sanhita, 2023.
3. As per the prosecution case, the two petitioners
herein are said to have assaulted the informant with lathi,
danda, fists and pasuli on her head as a result of which she
sustained serious injuries and subsequently died.
4. Learned counsel for the petitioners submits that the
petitioners are 60 and 77 year old ladies while the deceased was a 80
year old lady. The manner of occurrence is other than what has been
Patna High Court CR. MISC. No.74870 of 2025(3) dt.21-01-2026
2/2
described in the FIR. There is a delay of 12 to 14 hours in lodging of
the case. While the allegation is of assault with a pasuli, the post-
mortem report does not support the prosecution case in so far as the
cause of injury is said to be assault with a hard blunt substance. The
allegation is specific on Bachiya Devi and not on Sugiya Devi. The
material which has transpired in course of investigation mention
about prior dispute between the parties. No case under section 302 of
the Indian Penal Code is made out as there is no repetition of blow.
The petitioners are in custody since 17.7.2025 and have no criminal
antecedent. Chargesheet has been submitted in the case.
5. The application for bail is opposed by learned APP
for the State.
6. Having heard learned counsel for the parties and
taking into consideration the allegation of assault against the
two petitioners herein which are supported from the contents of
the post-mortem report wherein the Doctors found
corresponding injuries on the head of the deceased and also
found stitched and bandaged wound, the Court is not inclined to
enlarge the petitioners on bail and the application is rejected.
(Partha Sarthy, J)
sauravkrsinha/-
U T
Checking your session…