Patna High Court
Inlawati DeviversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- PRABHAT KUMAR SINGH
Holding
The court granted regular bail to the petitioner.
Summary
Inlawati Devi applied for regular bail in a case registered under Sections 126(2), 115(2), 118(1), 351(2), 3(5), 109(1) and 103(1) of the Bharatiya Nyaya Sanhita, alleging that she was only generally implicated in a violent assault that led to the death of Gijra Devi. The petition argued that the specific charge of assault with a weapon was directed at co‑accused Motilal Chauhan, that she has a clean antecedent, and that she has been in custody since 20 September 2025. The State opposed the bail, contending the seriousness of the offences. The Court examined the nature of the accusation, the lack of a specific overt act attributed to the petitioner, her clean record and the period of custody, and decided to grant regular bail on a bond of Rs 10,000 with two sureties.
Issues considered
- Whether the petitioner is entitled to regular bail despite the serious nature of the offences alleged under the Bharatiya Nyaya Sanhita
- Whether the allegations constitute a specific accusation against the petitioner sufficient to deny bail
Legislation cited
- Bharatiya Nyaya Sanhita — s. 103(1), 109(1), 115(2), 118(1), 126(2), 3(5), 351(2)
Subjects
- regular bail
- criminal procedure
- Bharatiya Nyaya Sanhita
- assault
- homicide
- clean antecedent
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.8587 of 2026
Arising Out of PS. Case No.-88 Year-2025 Thana- HUSSAINGANJ District- Siwan
======================================================
Inlawati Devi Wife of Ashok Chauhan Resident of Village- Singarpatti
Mathiya, P.S.- Hussainganj, District- Siwan
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Ajay Kumar Tiwary, Advocate
For the Opposite Party/s : Mr. Anuj Kumar Shrivastava, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH
ORAL ORDER
2 16-02-2026 Heard learned counsel for the petitioner and
learned A.P.P. for the State .
2. Petitioner seeks regular bail in connection with
Hussainganj P. S. Case No. 88 of 2025 in a case registered for
the offences punishable under Sections 126(2), 115(2), 118(1),
351(2), 3(5), 109(1), 103(1) of the Bharatiya Nyaya Sanhita.
3 . It is alleged that all the F.I.R. named accused
persons forcibly entered the house of informant and brutally
assaulted informant and his family members by means of lathi,
danda, iron rod, spade, axe, handle of hand pump, dab, etc. as a
result of which they sustained injuries and one Gijra Devi died
during course of treatment.
4. Learned counsel for the petitioner submits that
allegation of assault against petitioner is general and omnibus
Patna High Court CR. MISC. No.8587 of 2026(2) dt.16-02-2026
2/2
and there is no specific accusation of overt act against her.
Specific accusation of assaulting the deceased with kudal is
against co-accused Motilal Chauhan. Petitioner claims clean
antecedent and is in custody since 20.09.2025 . Similarly
situated co-accused person has already been granted bail by this
Hon’ble Court vide order dated 10.11.2025 in Cr. Misc. No.
62475 of 2025 .
5 . However, learned A.P.P. for the State vehemently
opposed the bail application .
6. Considering the nature of accusation , clean
antecedent and period of custody, the petitioner, above named, is
directed to be enlarged 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 Judicial Magistrate, 1st
Class, Siwan in connection with Hussainganj P. S. Case No. 88
of 2025 .
(Prabhat Kumar Singh, J)
Koushik/-
U T
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