Patna High Court
Bijula DeviversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- RAJESH KUMAR VERMA
Holding
The court granted bail to the petitioner subject to a bond and specified conditions.
Summary
Bijula Devi, wife of Baleshwar Harijan, was arrested on 14‑04‑2025 in connection with a case involving the death of her husband, alleged under Sections 103(1), 238, 61(2) and 3(5) of the Bharatiya Nyay Sanhita, 2023. She contended that she was falsely implicated, noting that she was not named in the FIR and that the only incriminating material against her was a confessional statement by co‑accused Rinku Devi, who admitted that she and the petitioner’s husband committed the crime. The prosecution argued that the petitioner had facilitated a meeting between the co‑accused and her husband and highlighted a prior criminal antecedent for which she was already on bail. The court examined the lack of direct evidence linking the petitioner to the offence and considered her clean record apart from the mentioned antecedent. Accordingly, the court granted bail on a bond of Rs. 10,000 with two sureties and imposed conditions regarding cooperation with the trial, non‑tampering with evidence, and verification of her criminal antecedent.
Issues considered
- Whether the petitioner is entitled to bail despite the allegations of involvement and a prior criminal antecedent.
Legislation cited
- Bharatiya Nyay Sanhita, 2023 — s. 103(1), 238, 3(5), 61(2)
Subjects
- bail
- criminal procedure
- false implication
- confessional statement
- prior criminal antecedent
- Bharatiya Nyay Sanhita
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.86614 of 2025
Arising Out of PS. Case No.-259 Year-2025 Thana- AMARPUR District- Banka
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Bijula Devi Wife of Baleshwar Harijan Resident of village - Bharko, P.S.-
Amarpur, District – Banka ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s
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Appearance :
For the Petitioner/s : Mr. Brij Nandad Prasad, Advocate
For the Opposite Party/s : Mr. Rajesh Kumar, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE RAJESH KUMAR VERMA
ORAL ORDER
3 30-03-2026 Heard Mr. Brij Nandad Prasad, learned counsel for
the petitioner as well as Mr. Rajesh Kumar, learned Additional
Public Prosecutor for the State.
2. Petitioner seeks bail who is in custody since
14.04.2025 in connection with Amarpur P.S. Case No.2 59 of
2025, F.I.R. dated 11.04.2025 for the offences punishable under
Sections 103(1), 238, 61(2), 3(5) of the Bharatiya Nyay Sanhita,
2023.
3. According to the prosecution case, the informant
alleged that when her husband did not return home despite
repeated phone calls, she, along with her family members, began
searching for him. On 11.04.2025 at about 11:00 a.m., she
received information regarding an unidentified dead body. Upon
reaching the spot, the informant identified the deceased as her
husband. She further alleged that all the accused persons had
killed her husband, as they had previously threatened him.
Patna High Court CR. MISC. No.86614 of 2025(3) dt.30-03-2026
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4. Learned counsel for the petitioner submits that
petitioner has clean antecedent and she has falsely been implicated
in the present case. Petitioner is not named in the FIR and her
name transpired during investigation on the basis of confessional
statement of one Rinku Devi and the said Rinku Devi has
confessed that she and husband of the petitioner had committed
the present crime in question and except the aforesaid, no other
cogent material has come during investigation which suggest the
involvement of the petitioner in the present occurrence. He further
submits that the police after investigation submitted the charge
sheet against the petitioner and the petitioner is in custody since
14.04.2025.
5. The learned Additional Public Prosecutor for the State
has vehemently opposed the prayer for bail of the petitioner but
fairly submits that husband of the petitioner has committed the
present crime in question and the only allegation against the
petitioner is that she fixed a meeting of one co-accused and her
husband with the co-accused, Rinku Devi. He further submits that
petitioner carries one criminal antecedent other than the present
case in which he is on bail.
6. Considering the aforesaid facts and circumstances,
let the petitioner, above named, be released on bail on furnishing
bail bond of Rs. 10,000/- (Ten Thousand) with two sureties of the
Patna High Court CR. MISC. No.86614 of 2025(3) dt.30-03-2026
3/3
like amount each to the satisfaction of the learned District and
Additional Sessions Judge-II, Banka in connection with Amarpur
P.S. Case No.2 59 of 2025, subject to the following conditions:-
i. Petitioner shall co-operate in the trial and shall be
properly represented on each and every date fixed by the court
and shall remain physically present as directed by the court and
on her absence on two consecutive dates without sufficient
reason, her bail bond shall be cancelled by the Court below.
ii. If the petitioner tampers with the evidence or the
witnesses, in that case, the prosecution will be at liberty to move
for cancellation of bail.
iii. And further condition that the court below shall
verify the criminal antecedent of the petitioner and in case at any
stage it is found that the petitioner has concealed her criminal
antecedent, the court below shall take step for cancellation of bail
bond of the petitioner. However, the acceptance of bail bonds in
terms of the above-mentioned order shall not be delayed for
purpose of or in the name of verification.
(Rajesh Kumar Verma, J)
Suruchi/-
U T
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