Patna High Court
SHOBHA DEVI @ SOBHA DEVIversusTHE STATE OF BIHAR
- Decided
- Disposal
- ALLOWED
- Bench
- ASHOK KUMAR PANDEY
Holding
The Court held that the petitioner is entitled to bail as the allegations are vague, the forensic evidence is inconclusive, and she has no criminal antecedent.
Summary
The petitioner, Shobha Devi, sought bail in a case (PS No. 177 of 2025) alleging she and her family murdered her son-in-law, whose body was found with insecticide bottles nearby and a forensic report suggesting poisoning. The prosecution argued that the petitioner was responsible for the death, while the petitioner contended she was innocent, had no criminal antecedent, and the allegations were vague and based on secret information. The trial court’s diary noted the discovery of the body and the forensic findings but no marks of injury. The High Court, after hearing both sides, found the evidence insufficient to justify continued detention and noted the petitioner’s lack of prior record. Consequently, the Court ordered her release on bail upon furnishing a bond of Rs. 10,000 with two sureties.
Issues considered
- Whether the petitioner is entitled to bail despite the serious nature of the offences under Sections 103(1), 123, 238 and 3(5) of the Bihar Narcotic Substances Act
- Whether the evidence presented by the prosecution establishes a prima facie case warranting denial of bail
Legislation cited
- Bihar Narcotic Substances Act — s. 3(5)
- Indian Penal Code — s. 103, 123, 238
Subjects
- bail
- criminal procedure
- IPC sections 103, 123, 238
- Bihar Narcotic Substances Act
- presumption of innocence
- forensic evidence
- poisoning
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.8390 of 2026
Arising Out of PS. Case No.-177 Year-2025 Thana- SHYAMPUR BHATHAN District-
Sheohar
======================================================
Shobha Devi @ Sobha Devi, Wife Of Late Jagarnath Sahni, R/O Village-
Dumari, P.S.- Shyampur Bhatha, District- Sheohar
... ... Petitioner/s
Versus
The State Of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Krishna Chandra Ojha, Advocate
For the Opposite Party/s : Mr. Sanjay Kumar Pandey, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE ASHOK KUMAR PANDEY
ORAL ORDER
2 12-02-2026 Heard learned counsel for the petitioner and learned
APP for the State.
2. The petitioner has prayed for bail in connection
with Shyampur Bhatha P.S. Case No. 177 of 2025 registered
for the offence punishable under Sections 103(1), 123, 238 and
3(5) B.N.S.
3. The case of the prosecution, in short, is that the son
of the informant has gone to the parental house of his wife
(petitioner) for bringing her back. It is alleged that on
29.10.2025 at 2:30 P.M., the informant came to know that her
son (deceased) has been killed by the petitioner and her family
members and the body is concealed in bamboo clamp.
4. Learned counsel appearing on behalf of the
petitioner has submitted that petitioner is innocent and has
Patna High Court CR. MISC. No.8390 of 2026(2) dt.12-02-2026
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committed no offence. From perusal of the order of the learned
trial Court it is clear that learned trial Court has recorded that in
para-2 of the case diary it is stated that on the basis of secret
information the Officer in-charge of Shyampur Bhatha P.S.
reached the spot and found unknown body. Near the dead body
two plastic bottles of insecticide was lying. On one bottle amino
acid (Lethal Super 505) was marked. Para-4 is the inquest report
wherein it is stated that no mark of injury was found on the
body and in the Regional Forensic Science Laboratory,
Muzaffarpur report at para-4 “suspected death appears
poisoning”. It has further been submitted that had it been a case
of poisoning by the in-laws, there must have been some
resistance from the deceased and mark of injury resulting to that
resistance. It has also been submitted that the petitioner has been
framed in this case only because she is wife of the deceased and
the deceased has died near the house of this petitioner. The
nature of allegation is general and omnibus. Petitioner is a lady.
She is having no criminal antecedent and she is languishing in
judicial custody since 31.10.2025.
5. Learned APP appearing for the State has
vehemently opposed the application for bail.
6. Having heard learned counsel for the parties and
Patna High Court CR. MISC. No.8390 of 2026(2) dt.12-02-2026
3/3
considering the facts and circumstances of the case, this Court is
inclined to enlarge the petitioner on bail. The above named
petitioner is directed to be enlarged on bail on furnishing bail
bond of Rs. 10,000/- (Rs. ten thousand only) with two sureties
of the like amount each to the satisfaction of the learned
A.C.J.M.-III, Sheohar in connection with Shyampur Bhatha P.S.
Case No. 177 of 2025.
(Ashok Kumar Pandey, J)
lata/-
U T
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