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Patna High Court

Putun DeviversusThe State of Bihar

Decided
Disposal
BAIL GRANTED

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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