Patna High Court
Sheokumari Devi @ Shiv Kumari DeviversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- RAMESH CHAND MALVIYA
Holding
The court granted bail to the petitioners, finding no specific allegation against them and considering their clean antecedents.
Summary
Petitioners Sheokumari Devi and Kriti Kumari, two women, were arrested in a case alleging assault and firing that resulted in deaths, under multiple sections of the Bihar Penal Code and the Arms Act. The FIR alleged they ordered the attack during a land‑related dispute, but no direct allegation of participation was made against them. Their counsel argued they have clean antecedents, were merely order‑givers, and that the prosecution’s case lacks specific evidence against them. The State opposed bail, citing the seriousness of the offences. The court, noting the absence of specific charges against the petitioners and their clean records, ordered their release on bail upon furnishing the required bond and sureties.
Issues considered
- Whether bail should be granted to the petitioners despite the serious charges under the Bihar Penal Code and the Arms Act
- Whether the allegation that the petitioners were merely order‑givers suffices to justify continued detention
Legislation cited
- Arms Act — s. 27
- Bihar Penal Code (BNS) — s. 103(1), 109, 115(2), 118(1), 126(2), 3(5), 351(2), 352
Subjects
- bail
- criminal procedure
- assault
- homicide
- Arms Act
- order giver
- women accused
- land dispute
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.83555 of 2025
Arising Out of PS. Case No.-381 Year-2025 Thana- BHAGWANPUR HAT District- Siwan
======================================================
1. Sheokumari Devi @ Shiv Kumari Devi, aged about 60 years W/o Late
Ashok Singh R/o Village - Mahmada, P.O - Mahmada, P.S - Bhagwanpur
Hatt, District - Siwan, Pin - 841406
2. Kriti Kumari @ Chunchun @ Chunmun, aged about 23 years D/o Late
Ashok Singh R/o Village - Mahmada, P.O - Mahmada, P.S - Bhagwanpur
Hatt, District - Siwan, Pin - 841406
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Rakesh Singh, Advocate
For the Opposite Party/s : Mr. Dr. Ajeet Kumar, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE RAMESH CHAND
MALVIYA
ORAL ORDER
3 21-01-2026 Heard learned counsel for the petitioner, learned
counsel for the informant and learned APP for the State.
2. Petitioners are in custody in a case registered for
the offence punishable under Sections 109, 126(2), 115(2),
118(1), 352, 351(2), 3(5) of the BNS and later on added Section
103(1) of the BNS and Section 27 of the Arms Act.
3. As per allegation in the FIR, petitioners along with
other co-accused persons armed with lathi-danda came and
started abusing and assaulting the father-in-law and brother-in-
law of the informant over a quarrel for installing naad for
feeding cattle. It is also alleged that accused persons shot fire
Patna High Court CR. MISC. No.83555 of 2025(3) dt.21-01-2026
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upon the informant’s father-in-law and brother-in-law and
during the course of treatment both injured persons were
succumbed to injury.
4. Learned counsel for the petitioners submits that
petitioners are innocent and have falsely been implicated in this
case. He next submits that both the parties are neighbor and
there is admitted land dispute going on between the parties. He
next submits that Birendra Singh and Vivek Kumar Singh
(deceased) got injured by the firing which was being shot by co-
accused Amarjeet Singh @ Golu. He next submits that both the
petitioners are ladies and there is no specific allegation upon
them, the only allegation against the present petitioners is that
they are the order giver which is also evident from perusal of
para-62 of the case diary. He next submits that petitioners are in
custody since 08.09.2025 and have got no criminal antecedent
as stated in para-3 of the bail petition.
5. Learned APP for the State and learned counsel for
the informant vehemently oppose the prayer for bail of the
petitioners.
6. On perusal of the FIR, case diary, impugned order
dated 15.10.2025 along with post-mortem report of the
deceased, it appears that there is no specific allegation against
Patna High Court CR. MISC. No.83555 of 2025(3) dt.21-01-2026
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both the present petitioners except the fact that Petitioner No.1
was the order giver which is also evident from perusal of para-
62 (statement of victim/deceased, namely, Birendra Singh) of
the case diary and also the fact that petitioners are ladies and
they have got clean antecedents. So, considering the aforesaid
facts and circumstances of the case and submission of learned
counsel for the petitioners, let the above-named petitioner be
released on bail, on their furnishing bail bonds of Rs.10,000/-
(Ten thousand) each with two sureties of the like amount each to
the satisfaction of learned Chief Judicial Magistrate, Siwan in
connection with Bhagwanpur Hatt P.S. Case No.381 of 2025.
(Ramesh Chand Malviya, J)
Harshita/-
U T
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