Patna High Court
kaushalya Devi @ kajalversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- AJIT KUMAR
Holding
Bail was granted to the petitioner on the condition of a bond and sureties.
Summary
Kaushalya Devi, the second wife of Manoj Yadav, was arrested in connection with a murder case (Ghosi PS Case No. 546 of 2021) under IPC sections 302, 201 and 34. She applied for bail, asserting that the deceased niece died of a sudden cardiac arrest due to pre‑existing medical and mental health conditions and that she was falsely implicated by the informant. The petitioner highlighted that the investigation is complete, a chargesheet has been filed, she has no prior criminal record, and her husband, a co‑accused, had already been granted bail by a coordinate bench. The State opposed the bail application. The court, noting the completed investigation, the existence of a similar bail order for the co‑accused, and the petitioner’s clean record, ordered that bail be granted on a bond of Rs.10,000 with two sureties of equal amount.
Issues considered
- Whether bail should be granted to an accused in a murder case where the chargesheet has been filed and a co‑accused has already been released on bail.
Legislation cited
- Indian Penal Code — s. 201, 302, 34
Subjects
- bail
- murder
- IPC
- section 302
- section 201
- section 34
- chargesheet
- co‑accused
- false implication
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.75011 of 2025
Arising Out of PS. Case No.-546 Year-2021 Thana- GHOSI District- Jehanabad
======================================================
kaushalya Devi @ kajal Wife of Manoj Yadav Resident of Village -Karhara
Ps- Ghosi District- Jehanabad
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Sunil Kumar
For the Opposite Party/s : Mrs. Suman Kumari Singh
======================================================
CORAM: HONOURABLE MR. JUSTICE AJIT KUMAR
ORAL ORDER
4 19-03-2026 Heard learned counsel for the petitioner and learned
APP for the State.
2. The petitioner seeks bail in connection with Ghosi
P.S. Case No.546 of 2021, dated 23.12.2021 registered for the
offence punishable u/s 302, 201/34 of the IPC.
3. As per the FIR, the petitioner is said to have killed
the niece of the informant by assaulting her.
4. It is submitted by learned counsel for the petitioner
that the petitioner is quite innocent and has not committed any
offence as alleged in the FIR. The niece of the informant died due
to sudden chest pain; however, due to some misunderstanding, the
petitioner, who is the second wife of co-accused Manoj Yadav
(father of the deceased), has been falsely implicated in this case by
the informant. It is further submitted that the deceased was
Patna High Court CR. MISC. No.75011 of 2025(4) dt.19-03-2026
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suffering from certain medical as well as mental health issues,
owing to which she suffered a cardiac arrest and died. It is also
submitted that the investigation of the case is complete and the
chargesheet has already been filed. Learned counsel further submits
that the husband of the petitioner has already been granted the
privilege of bail by a coordinate Bench of this Court vide order
dated 24.11.2022 passed in Cr. Misc. No. 34041 of 2022. The
petitioner has no criminal antecedent and has been in judicial
custody since 23.08.2025.
5. On the other hand, the learned APP for the State has
opposed the prayer for bail of the petitioner.
6. Considering that the investigation is completed and
chargesheet has also been filed and similarly situated co-accused
person has already been granted bail, let the above named
petitioner be enlarged on bail on furnishing bail bond of Rs.
10,000/- (Rupees Ten Thousand) with two sureties of the like
amount each to the satisfaction of the learned court below where
the case is pending/the Successor Court, in connection with Ghosi
P.S. Case No.546 of 2021.
(Ajit Kumar, J)
shikha/-
U T
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