Patna High Court

Seema DeviversusThe State of Bihar

Decided: 19 March 2026
Disposal: BAIL GRANTED
Bench: AJIT KUMAR

Holding

The court held that bail should be granted to the petitioner.

Summary

Seema Devi, step‑mother of the deceased child Aanchal Kumari, was charged under Sections 103(1) and 238 of the B.N.S., 2023 for allegedly killing the child, burning the body and concealing it in a cement bag. She had been in judicial custody since 2 February 2025, was pregnant at the time of arrest and gave birth while in custody. The petitioner argued that she was falsely implicated, that the forensic evidence was vague and that her continued detention was unjustified. The State opposed bail, emphasizing the seriousness of the offences. Considering the length of custody, the petitioner’s pregnancy and the birth of a child, the court ordered bail on a bond of Rs 10,000 with two sureties.

Issues considered

Whether the petitioner is entitled to bail despite being charged with murder and concealment of a body under Sections 103(1) and 238 of the B.N.S., 2023
Whether the petitioner’s pregnancy and the presence of a newborn child justify the grant of bail

Legislation cited

B.N.S., 2023 — s. 103(1), 238

Subjects

bail
murder
step‑mother
pregnancy
newborn child
criminal procedure
B.N.S., 2023

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.77256 of 2025
                      Arising Out of PS. Case No.-14 Year-2025 Thana- Naya Bhojpur District- Buxar
                 ======================================================
                 Seema Devi Wife of Pappu Gond R/o Village - Naya Bhojpur, Ward No.- 08,
                 P.S.- Naya Bhojpur, District - Buxar.

                                                                                    ... ... Petitioner/s
                                                        Versus
                 The State of Bihar

                                                        ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :        Mr.Rajiv Ranjan Kumar Pandey, Adv.
                 For the Opposite Party/s :        Mr.Brajendra Nath Pandey, APP
                 ======================================================
                 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 Naya

                   Bhojpur P.S. Case No. 14 of 2025 instituted for the offences

                   under Sections 103(1)/238 of the B.N.S., 2023.

                               3. As per prosecution case, the informant’s niece,

                   Aanchal Kumari, daughter of Pappu Gond, was killed by her

                   stepmother Seema Devi (petitioner) on 01.02.2025 in the

                   evening. It is alleged that Seema Devi burnt the body and

                   concealed it in a cement bag, which was later discovered by

                   Kallu Kumar, while searching for the missing child.

                               4. Learned counsel for the petitioner submits that the

                   petitioner is the stepmother of the deceased because of which

                   she has falsely been implicated in the instant case. It is next
Patna High Court CR. MISC. No.77256 of 2025(4) dt.19-03-2026
                                            2/3




          submitted that admittedly the burnt body of the deceased was

          found and nobody is said to have seen the petitioner, committing

          such crime and even the percentage of the burn injury is also

          vague and doubtful. It is further submitted that the investigation

          is complete and the charge-sheet has been filed and the

          petitioner is rotting in judicial custody since 02.02.2025. It is

          further submits that while the petitioner was taken to custody,

          she was pregnant and has given birth to a child during judicial

          custody and, with ulterior reasons, the petitioner has been

          implicated in this case.

                      5. The case diary was called for and during

          investigation, it has been found that the cause of death is due to

          dehydration and shock due to antemortem burn which can be

          inferred from the inquest report.

                      6. On the other hand, learned A.P.P. for the State has

          vehemently opposed the prayer for grant of bail to the petitioner.

                       7. Having heard rival contention of both the parties

          and considering the period of custody undergone by the

          petitioner as also the fact that the petitioner is carrying a newly

          born child with her, let the petitioner, abovenamed, be released

          on bail on furnishing bail bonds of Rs.10,000/- (Rupees Ten

          Thousand) with two sureties of the like amount each to the
              Patna High Court CR. MISC. No.77256 of 2025(4) dt.19-03-2026
                                                          3/3




                        satisfaction of learned Chief Judicial Magistrate, Buxar in

                        connection with Naya Bhojpur P.S. Case No. 14 of 2025.



                                                                             (Ajit Kumar, J)
rishi/-

U         T

Continue reading with your account

Checking your session…