Patna High Court
Amola DeviversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- SONI SHRIVASTAVA
Holding
The petitioners are entitled to bail.
Summary
The petitioners, Amola Devi and Bhola Harijan, mother‑in‑law and father‑in‑law of a deceased woman, were arrested in a case under Sections 80 and 3(5) of the B.N.S. for allegedly killing the informant’s daughter. They contended that the death was a suicide resulting from marital discord and that the husband, who is primarily responsible, has been in custody since May 2025. The petitioners, described as old and ailing, have been in custody since August 2025 and have no prior criminal record, while a charge‑sheet has already been filed. The State opposed bail, relying on the allegations in the FIR. The Court, considering the petitioners’ health, lack of antecedents, and the circumstances surrounding the death, ordered that they be released on bail upon furnishing a bond of Rs. 10,000 with two sureties each.
Issues considered
- What is the appropriateness of granting bail to the petitioners accused under Sections 80 and 3(5) of the B.N.S. given the facts of the case?
Legislation cited
- Bihar Narcotic Substances Act — s. 3(5), 80
Subjects
- bail
- Criminal Procedure Code
- B.N.S.
- Section 80
- Section 3(5)
- suicide claim
- elderly accused
- charge‑sheet
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.78032 of 2025
Arising Out of PS. Case No.-96 Year-2025 Thana- Rangara District- Bhagalpur
======================================================
1. Amola Devi S/o- Bhola Harijan @ Bhola Ram Resident of Village-
Sadhopur, P.S- Rangra District-Bhagalpur
2. Bhola Harijan @ Bhola Ram S/o- Late Parmeshwar Harijan @ Parmeshwar
Ram Resident of Village-Sadhopur, P.S- Rangra District-Bhagalpur
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Ashok Kumar Yadav, Advocate
For the Opposite Party/s : Mr. Sanjay Kumar Sharma, APP
======================================================
CORAM: HONOURABLE JUSTICE SMT. SONI SHRIVASTAVA
ORAL ORDER
4 19-02-2026 Heard learned counsel for the petitioners and
learned APP for the State.
2. The petitioners seek bail in a case registered for
the offence punishable under Sections 80 and 3(5) of the
B.N.S.
3. As per the prosecution case, the petitioner along
with other co-accused persons is said to have killed the
daughter of the informant.
4. The learned counsel for the petitioners submits
that the petitioners are mother-in-law and father-in-law of the
deceased and they were staying separately from the deceased
and her husband. It is further submitted that the deceased may
have committed suicide on account of fact that there was a
matrimonial discord between the husband and wife. Moreover,
the husband of the deceased is in custody since 18.05.2025, as
Patna High Court CR. MISC. No.78032 of 2025(4) dt.19-02-2026
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has been specifically stated in paragraph-9 of the petition and
these petitioners, who are old and ailing persons, are
languishing in custody since 18.08.2025 and charge-sheet has
been submitted.
5. Learned APP for the State opposed the grant of
bail on the basis of allegations made in the First Information
Report.
6. Taking into consideration the facts and
circumstances and considering the fact that the petitioners who
are ailing mother-in-law and father-in-law of the deceased and
the husband of the deceased is primarily responsible for the
welfare of his wife, let the above named petitioners, who have
no criminal antecedent, be released 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 A.C.J.M.-Ist, Naugachia, District- Bhagalpur/Successor
Court/concerned Court below in connection with Rangra P.S.
Case No. 96 of 2025.
(Soni Shrivastava, J)
anand/-
U T
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