Patna High Court
Budhani Devi @ Rani DeviversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- AJIT KUMAR
Holding
The court granted bail to the petitioners upon furnishing a bond of Rs.10,000 each with two sureties.
Summary
The petitioners, Budhani Devi and Chandani Kumari, were arrested in connection with a murder case (Jandaha PS Case No.219 of 2025) alleging they poisoned the informant's son and concealed the body. They sought bail, claiming innocence, lack of specific allegations, and that the cause of death was still unknown as the viscera report was pending. The State opposed the bail. The court noted that the allegations were not specific, the trial had already commenced, and bail would enable the petitioners to prepare their defence. Consequently, the court ordered bail on a bond of Rs.10,000 each with two sureties. The bail was granted subject to compliance with the conditions.
Issues considered
- Whether bail should be granted to the accused in a murder case where the trial has commenced and the allegations are not specific.
Legislation cited
- Bharatiya Nyaya Sanhita — s. 103, 123, 238, 3(5)
Subjects
- bail
- murder
- poison
- criminal procedure
- Bharatiya Nyaya Sanhita
- trial commencement
- specific allegations
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.75967 of 2025
Arising Out of PS. Case No.-219 Year-2025 Thana- JANDAHA District- Vaishali
======================================================
1. Budhani Devi @ Rani Devi W/o- Bechan Sahani R/v- Kabai Barela Ps-
Jandaha Mahisaur Dist- Vaishali
2. Chandani Kumari D/o- Bechan Sahani R/v- Kabai Barela Ps- Jandaha
Mahisaur Dist- Vaishali
... ... Petitioner/s
Versus
The State of Bihar Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mrs.Suruchi Anand
For the Opposite Party/s : Mr.Shahabuddin Azeem @ S. Azeem
======================================================
CORAM: HONOURABLE MR. JUSTICE AJIT KUMAR
ORAL ORDER
6 19-03-2026 Heard learned counsel for the petitioner and learned
APP for the State.
2. The petitioners are seeking for bail in connection
with Jandaha P.S. Case No.219 of 2025, dated 24.05.2025
registered for the offence punishable u/s 123, 103, 238 and 3(5) of
the Bharatiya Nyaya Sanhita.
3. As per the FIR, the petitioners are alleged to have
killed the informant’s son by administering poison and thereafter
concealed the body in order to save themselves.
4. Learned counsel for the petitioners submits that the
petitioners are innocent and have not committed any offence as
alleged in the FIR. Petitioner No. 1 is the mother-in-law of the
deceased and Petitioner No. 2 is the wife of the deceased. It is
further submitted that the dead body of the deceased is said to have
been recovered on the basis of the confessional statement of
Patna High Court CR. MISC. No.75967 of 2025(6) dt.19-03-2026
2/2
Petitioner No. 1. It is also submitted that the allegation against the
deceased was killed by administering poison in food, however,
such allegations are general and omnibus in nature. It is next
submitted that the investigation is complete, the charge-sheet has
already been filed, and the trial has commenced. It is further
submitted that the allegation of administering poison has not
surfaced, as the opinion with regard to the viscera report is reserved
and the cause of death remains unknown. The petitioners have no
criminal antecedents and are in judicial custody since 25.05.2025.
5. On the other hand, the learned APP for the State has
opposed the prayer for bail of the petitioner.
6. Considering that the allegations are not specific and
trial has commenced and, in order to set up their defence, let the
above named petitioners be enlarged on bail on furnishing bail
bond of Rs. 10,000/- (Rupees Ten Thousand) each 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 Jandaha P.S. Case No.219 of 2025.
(Ajit Kumar, J)
shikha/-
U T
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