Patna High Court
Sheela Devi @ Shila DeviversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- RAJESH KUMAR VERMA
Holding
Bail is granted to the petitioners subject to specified conditions.
Summary
Sheela Devi and Jagmohan Ray were arrested in September 2025 in connection with a case alleging they poisoned a young woman over a dowry dispute. The prosecution alleged they killed the victim, while the defense argued that the victim died by suicide, as supported by the post‑mortem report, and that the accused have clean antecedents. The petitioners also contended that the husband was absent at the time of the incident and that the second wife was implicated solely because of her marital status. The court examined the medical evidence, the clean record of the accused, and the lack of direct evidence linking them to the alleged crime. Considering these factors, the court granted bail on a bond of Rs 10,000 with two sureties, imposing conditions of cooperation, presence in court, and non‑tampering with evidence.
Issues considered
- Whether bail should be granted to the accused under Sections 80 and 3(5) of the Bharatiya Nyay Sanhita, 2023 in a case of alleged dowry‑related poisoning.
- Whether the medical evidence indicating suicide negates the prosecution's case and justifies bail.
Legislation cited
- Bharatiya Nyay Sanhita, 2023 — s. 3(5), 80
Subjects
- bail
- dowry death
- poisoning
- suicide
- criminal antecedent
- Bharatiya Nyay Sanhita
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.82205 of 2025
Arising Out of PS. Case No.-265 Year-2024 Thana- KAMTAUL District- Darbhanga
======================================================
1. Sheela Devi @ Shila Devi W/O Jagmohan Ray R/O Village and P.O-
Ahiyari, P.S- Kamtaul, District- Darbhanga.
2. Jagmohan Ray S/O Brij Nandan Ray @ Bij Nand Ray R/O Village and P.O-
Ahiyari, P.S- Kamtaul, District- Darbhanga.
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Awnish Kumar, Advocate
For the Opposite Party/s : Dr. Indiwar Kumari, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE RAJESH KUMAR VERMA
ORAL ORDER
4 28-01-2026 Heard Mr. Awnish Kumar, learned counsel for the
petitioners as well as Dr. Indiwar Kumari, learned Additional
Public Prosecutor for the State.
2. Petitioners seeks bail who are in custody since
20.09.2025 in connection with Kamtaul P.S. Case No. 265 of
2024, F.I.R. dated 16.09.2024 for the offences punishable under
Sections 80 and 3(5) of the Bharatiya Nyay Sanhita, 2023.
3. According to prosecution case, the informant
alleged that the petitioners along with other co-accused persons
killed his niece by administering poison to her due to non-
fulfillment of demand of dowry.
4. Learned counsel for the petitioners submits that
Patna High Court CR. MISC. No.82205 of 2025(4) dt.28-01-2026
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petitioners have clean antecedent and they falsely been
implicated in the present case. Petitioner no.1 is second wife of
petitioner no.2 and petitioner no.2 is husband of the deceased
and it has come during investigation that petitioner no.2 was not
present at the time of occurrence and he was in Pune and
petitioner no.1 has been made accused merely on the ground
that she is second wife of petitioner no.2. It has come during
investigation which is recorded in paragraph nos.5 & 6 of the
case diary that deceased has committed suicide herself which is
also supported by the post-mortem report. The police after
investigation submitted charge-sheet and the petitioners are in
custody since 20.09.2025.
5. The learned Additional Public Prosecutor has
vehemently opposed the prayer for bail of the petitioner.
6. Considering the aforesaid facts and circumstances,
petitioners have clean antecedent and victim has committed
suicide herself which is supported by medical evidence, let the
petitioners, above named, be released on bail on furnishing bail
bond of Rs. 10,000/- (Ten Thousand) with two sureties of the
like amount each to the satisfaction of the learned Chief Judicial
Magistrate, Darbhanga in connection with Kamtaul P.S. Case
No. 265 of 2024, subject to the following conditions:-
Patna High Court CR. MISC. No.82205 of 2025(4) dt.28-01-2026
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i. Petitioners shall co-operate in the trial and shall be
properly represented on each and every date fixed by the court
and shall remain physically present as directed by the court and
on their absence on two consecutive dates without sufficient
reason, their bail bond shall be cancelled by the Court below.
ii. If the petitioners tamper with the evidence or the
witnesses, in that case, the prosecution will be at liberty to
move for cancellation of bail.
iii. And further condition that the court below shall
verify the criminal antecedent of the petitioners and in case at
any stage it is found that the petitioners have concealed their
criminal antecedents, the court below shall take step for
cancellation of bail bond of the petitioners. However, the
acceptance of bail bonds in terms of the above-mentioned order
shall not be delayed for purpose of or in the name of
verification.
(Rajesh Kumar Verma, J)
Suruchi/-
U T
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