Patna High Court
Putun DeviversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- PRABHAT KUMAR SINGH
Holding
The court granted bail to the petitioners, finding no specific accusation against them and considering their clean antecedent and gender.
Summary
The petitioners, two women named Putun Devi and Kaushalya Devi, were arrested in connection with a murder case where the husband of an informant was allegedly strangled by a group of ten accused. They sought bail, arguing that the FIR specifically implicated only two co‑accused for the assault, and that there were no specific allegations of overt acts against them. The prosecution opposed bail, citing the serious nature of the offences listed under multiple sections of the B.N.S. and the Prevention of Witch Practices Act. The court noted the petitioners' clean criminal records, their gender, and the lack of specific charges against them, and ordered their release on bail with appropriate sureties. Consequently, the bail petition was disposed of in favor of the petitioners.
Issues considered
- Whether bail should be granted to the petitioners despite the serious charges of murder and related offences.
- Whether the FIR contains specific allegations of overt acts against the petitioners sufficient to deny bail.
Legislation cited
- B.N.S. — s. 103(1), 115(2), 126(2), 190, 191(2), 191(3), 238, 351(3)
Subjects
- bail
- murder
- assault
- Prevention of Witch Practices Act
- criminal procedure
- gender
- clean antecedent
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.77903 of 2025
Arising Out of PS. Case No.-95 Year-2025 Thana- KOTHI District- Gaya
======================================================
1. Putun Devi W/o Vicky Bhuyan @ Vicky Bharti R/o Vill.- Lavavar, P.S.-
Kothi, Dist.- Gaya
2. Kaushalya Devi W/O Rinku Bhuyian @ Rinku Bharti R/o Vill.- Barakala,
P.S.- Imamganj, Dist.- Gaya, at present R/o Vill.- Lavavar, P.S.- Kothi, Dist.-
Gaya
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr.Md. Javed Jafar Khan
For the Opposite Party/s : Mrs.Anita Kumari
======================================================
CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH
ORAL ORDER
3 09-01-2026 Heard learned counsel for the petitioners and learned
A.P.P. for the State.
2. The petitioners seek bail in a case registered for the
offence punishable under Sections 191(2), 191(3), 190, 126(2),
115(2), 103(1), 238, 103(1) and 351(3) of the B.N.S. and
Sections 3 & 4 of the Prevention of Witch Practices Act.
3. As per prosecution case, on 11.08.2025 at about 8
AM, all the 10 F.I.R. named accused persons, including these
petitioners, assaulted and killed husband of informant by
strangulation. It is alleged that all the accused persons wrapped
rope around the neck of husband of informant, as a result of
which, he died.
Patna High Court CR. MISC. No.77903 of 2025(3) dt.09-01-2026
2/2
4. Learned counsel for the petitioners submits that from
bare perusal of the F.I.R. it is manifest that specific accusation
of assault is against co-accused Subi Devi and Balo Bhuiya. So
far as these petitioners are concerned, there is general and
omnibus allegations and no specific accusation of overt act has
been alleged against them. Similarly situated co-accused Sugiya
Devi has already been granted bail by this Court, vide order
dated 17.12.2025 passed in Cr.Misc. No. 87268 of 2025.
Petitioners are ladies, having no criminal antecedent, and in
custody since 12.08.2025. Charge-sheet has been submitted.
5. Learned A.P.P. opposes the prayer for bail.
6. Considering the period of custody and the fact that
petitioners are ladies, having clean antecedent, let the above
named petitioners be released on bail on furnishing bail-bonds
of Rs. 10,000/- (ten thousand) each with two sureties of the like
amount each to the satisfaction of learned Judicial Magistrate 1 st
Class, Sherghati, District- Gaya in connection with Kothi P.S.
Case No. 95 of 2025.
(Prabhat Kumar Singh, J)
anay
U T
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