Patna High Court

Priyanka DeviversusThe State of Bihar

Decided: 28 January 2026
Disposal: REJECTED
Bench: RAJESH KUMAR VERMA

Holding

The court held that bail cannot be granted as the specific allegations and post‑mortem evidence justify continued detention.

Summary

Petitioner Priyanka Devi, arrested on 17 March 2025, sought bail in a murder case (Sections 103(1) and 3(5) of the Bharatiya Nyay Sanhita, 2023). The prosecution alleged that she assaulted the victim with a brick, cut his private parts with a knife, and strangled him, leading to his death, with the post‑mortem report supporting these allegations. The petitioner claimed a clean antecedent and that the FIR was fabricated, arguing she was falsely implicated. The State opposed bail, emphasizing the specific and serious nature of the accusations and the supporting medical evidence. The court, after considering the facts, concluded that the allegations and evidence warranted denial of bail and refused the petitioner's prayer.

Issues considered

Whether bail should be granted to the accused in a murder case where specific allegations of assault and homicide are supported by medical evidence.

Legislation cited

Bharatiya Nyay Sanhita, 2023 — s. 103(1), 3(5)

Subjects

bail
murder
Bharatiya Nyay Sanhita
medical evidence
false FIR
criminal procedure

Judgment

                    IN THE HIGH COURT OF JUDICATURE AT PATNA
                            CRIMINAL MISCELLANEOUS No.82703 of 2025
                     Arising Out of PS. Case No.-37 Year-2025 Thana- KARTAHA District- Vaishali
               ======================================================
               Priyanka Devi W/o Late Mithlesh Paswan Resident of Village - Bhatauli
               Bhagwan, P.S.- Kartaha, District- Vaishali            ... ... Petitioner/s
                                                  Versus
               The State of Bihar                             ... ... Opposite Party/s
               ======================================================
               Appearance :
               For the Petitioner/s     :        Mr. Sunil Kumar Singh, Advocate
               For the Opposite Party/s :        Mr. Md. Ataur Rahman, APP
               ======================================================
               CORAM: HONOURABLE MR. JUSTICE RAJESH KUMAR VERMA
                                     ORAL ORDER

3 28-01-2026                 Heard Mr. Sunil Kumar Singh, learned counsel for the

               petitioner and Md. Ataur Rahman, learned A.P.P. for the State.

                              2. The petitioner seeks bail, who is in custody since

               17.03.2025, in connection with Kartaha P.S. Case No. 37 of 2025,

               FIR dated 15.03.2025 registered for the offence under Sections

               103(1), 3(5) of Bharatiya Nyay Sanhita, 2023.

                              3. The prosecution in brief is that informant alleged

               that his son was married to the petitioner and the petitioner had

               extramarital affair with someone that led to fight between two of

               them. It is further alleged that on 14.03.2025 the petitioner

               assaulted informant’s son by means of brick and cut his private

               part by knife and also strangulate his neck by mosquito net due to

               which he got severe injuries and later taken to hospital for

               treatment where he was declared dead.

                              4. Learned counsel appearing for the petitioner
            Patna High Court CR. MISC. No.82703 of 2025(3) dt.28-01-2026
                                                        2/2




                   submits that the petitioner has clean antecedent and she has falsely

                   been implicated in this case. He further submits that the allegation

                   as alleged in the F.I.R. is false and fabricated and the petitioner has

                   not committed any offences as alleged in the F.I.R. The petitioner

                   is rotting in judicial custody since 17.03.2025.

                                   5. Learned A.P.P. for the State, on the other hand, has

                   vehemently opposed the prayer for bail of the petitioner and

                   submits that there is direct and specific allegation against the

                   petitioner that she has cut the private part of the deceased by

                   means of knife and also assaulted him by means of brick and post-

                   mortem report of the deceased also support that allegation in the

                   FIR.

                                   6. Considering the facts and circumstances of the case

                   and the fact that there is direct and specific allegation against the

                   petitioner supported by medical evidence, I am not inclined to

                   enlarge the petitioner on bail in connection with Kartaha P.S. Case

                   No. 37 of 2025 pending in the Court No.8, J.M-1st Class, Vaishali,

                   Hajipur.

                                   7. Prayer is refused.



                                             (Rajesh Kumar Verma, J)
Suruchi/-

U      T

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