Patna High Court
Shobha DeviversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- PRABHAT KUMAR SINGH
Holding
The court held that bail should be granted to the petitioners.
Summary
The petitioners, three women from Gangat village, were arrested in connection with a case registered under Sections 137(2), 103(1), 238 and 3(5) of the B.N.S., 2023, after being implicated through a co‑accused's confession. They have been in custody since 9 July 2025 and have no prior criminal record. The State opposed their bail, arguing the seriousness of the offences. The court considered the length of custody, the petitioners' clean antecedents, and their gender, and concluded that bail was appropriate. Consequently, each petitioner was released on bail upon furnishing a bond of Rs. 10,000 with two sureties each.
Issues considered
- Whether bail should be granted to the petitioners accused under Sections 137(2), 103(1), 238 and 3(5) of the B.N.S., 2023
- Whether the petitioners' clean antecedent and the period of custody justify the grant of bail
Legislation cited
- B.N.S., 2023 — s. 103(1), 137(2), 238, 3(5)
Subjects
- bail
- criminal procedure
- women accused
- B.N.S. 2023
- clean antecedent
- sections 137(2) 103(1) 238 3(5)
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.79125 of 2025
Arising Out of PS. Case No.-362 Year-2025 Thana- RAJAOLI District- Nawada
======================================================
1. Shobha Devi Wife of Pintu Yadav Resident of Village- Gangat PS -Rajauli,
Dist- Nawada
2. Gudiya Kumari Wife of Chhotan Yadav Resident of Village- Gangat PS
-Rajauli, Dist- Nawada
3. Lalo devi wife of Late Rambalak Yadav Resident of Village- Gangat PS
-Rajauli, Dist- Nawada
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr.Pramod Kumar Verma
For the Opposite Party/s : Mr.Dilip Kumar No. 1
======================================================
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 punishable for
offence under Sections 137(2), 103(1), 238 and 3(5) of the
B.N.S., 2023.
3. As per F.I.R., on 26.06.2025 at about 8 AM,
husband of informant went to market to buy some books, but
did not return. Despite extensive search, husband of informant
could not be traced.
4. F.I.R. was lodged against unknown. Name of
petitioners transpired during investigation in the confessional
Patna High Court CR. MISC. No.79125 of 2025(3) dt.09-01-2026
2/2
statement of co-accused Chhotan Kumar. Only material, which
has come against petitioners, is that they assisted main accused
Chhotan Kumar in commission of the offence. Petitioners are
ladies, having clean antecedent, and are in custody since
09.07.2025. Chargesheet has been submitted.
5. Learned A.P.P. for the State vehemently opposed
the bail petition.
6. Considering the period of custody and the fact that
petitioners are ladies, having no criminal antecedent, let the
above named petitioners be released on bail on furnishing bail-
bond of Rs. 10,000/- (ten thousand) each with two sureties of
the like amount each to the satisfaction of learned C.J.M.,
Nawada in connection with Rajauli P.S. Case No. 362 of 2025.
(Prabhat Kumar Singh, J)
anay
U T
Checking your session…