Patna High Court
Asha DeviversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- ARUN KUMAR JHA
Holding
The court granted bail to the petitioners subject to the conditions prescribed under Section 480(3) of the BNS.
Summary
Asha Devi and Vikki Kumar were arrested in connection with a case alleging they hanged the husband of an informant, initially under Section 108 r/w 3(5) of the Bharatiya Nyaya Sanhita, 2023, later substituted with Section 103(1). The petitioners contended that the deceased had actually committed suicide, that no witness testimony or forensic evidence linked them to the alleged hanging, and that they had clean antecedents. The prosecution opposed bail, maintaining the seriousness of the charge. The court examined the doubtful nature of the allegation, the lack of direct or circumstantial evidence, the petitioners' clean record, and the period of custody, and found the charge‑sheet insufficient to deny bail. Accordingly, the court ordered their release on bail with a bond of Rs. 10,000 each, two sureties, and conditions under Section 480(3) of the BNS.
Issues considered
- Whether bail should be granted to the petitioners under Section 480(3) of the Bharatiya Nyaya Sanhita in view of the allegations of murder and the evidence on record
Legislation cited
- Bharatiya Nyaya Sanhita, 2023 — s. 103(1), 108, 480(3)
Subjects
- bail
- murder
- Bharatiya Nyaya Sanhita
- Section 108
- Section 103
- Section 480(3)
- criminal procedure
- clean antecedent
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.83930 of 2025
Arising Out of PS. Case No.-290 Year-2025 Thana- MOKAMAH District- Patna
======================================================
1. Asha Devi Wife of Shyam Sundar Yadav Resident of Village- Modangachhi
Ward No. 5, P.S.- Mokama, District- Patna
2. Vikki Kumar @ Vikki Yadav Son of Shyam Sundar Yadav Resident of
Village- Modangachhi Ward No. 5, P.S.- Mokama, District- Patna
... ... Petitioners
Versus
The State of Bihar
... ... Opposite Party
======================================================
Appearance :
For the Petitioner/s : Mr. Chandrasen Prasad Singh, Advocate
For the Opposite Party/s : Mr. Shantanu Kumar, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE ARUN KUMAR JHA
ORAL ORDER
3 11-02-2026 Heard learned counsel for the petitioners and learned
APP for the State.
02. In the present case, the petitioners seek bail in
connection with Mokama P.S. Case No. 290 of 2025 registered
for the alleged offences under Section 108 r/w 3(5) of Bharatiya
Nyaya Sanhita, 2023 and later on Section 103(1) of BNS was
substituted in place of Section 108 of BNS.
03. As per prosecution case, the petitioners and other
co-accused persons hanged the husband of the informant to
death.
04. Learned counsel for the petitioners submits that
the petitioners are innocent and have been falsely implicated in
Patna High Court CR. MISC. No.83930 of 2025(3) dt.11-02-2026
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this case. The petitioner no. 1 is the mother of the deceased and
the petitioner no. 2 is the brother of the deceased. The allegation
made in the FIR is not believable. True fact of the case is that
the husband of the informant committed suicide and a case
under Section 108 r/w 3(5) of BNS was instituted on 09.07.2025
but subsequently, on 05.08.2025, Section 103(1) of BNS was
substituted in place of Section 108 of BNS. However, the police,
after investigation, submitted charge-sheet under Section 108
r/w 3(5) of BNS. Learned counsel further submits that the
witnesses examined during investigation have stated about
petitioners and other co-accused persons harassing the husband
of the informant but none of the witnesses stated anything about
the petitioners and other co-accused persons hanging the
husband of the informant. Learned counsel further submits that
there is no direct or indirect circumstantial available on record
on the point of murder of the husband of the informant. Even
there was no injury marks on the body as reflected from the
postmortem report. The petitioners are in custody since
10.07.2025 and they are having clean antecedent.
05. Learned APP for the State opposes the submission
made on behalf of the petitioners.
06. Having regard to the facts and circumstances and
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submissions made on behalf of the parties and considering the
doubtful nature of allegation against the petitioners and also
considering the period of custody of the petitioners and their
clean antecedent along with submission of charge-sheet, the
petitioners above named are directed to be released on bail on
furnishing bail bonds of Rs. 10,000/- (ten thousand) each with
two sureties of the like amount each to the satisfaction of
learned Additional Chief Judicial Magistrate-III, Barh,
Patna/court concerned in connection with Mokama P.S. Case
No. 290 of 2025, subject to the conditions mentioned in Section
480(3) of BNSS and the following conditions:
(i) One of the bailors will be a close relative of
the petitioners.
(ii) The petitioners will remain present on each
and every date fixed by the court below.
(iii) In case of absence on three consecutive dates
or in violation of the terms of the bail, the bail
bond of the petitioners will be liable to be
cancelled by the court concerned.
(Arun Kumar Jha, J)
Ashish/-
U T
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