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Patna High Court

Amola DeviversusThe State of Bihar

Decided
Disposal
BAIL GRANTED

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

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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