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Patna High Court

Subhamati DeviversusThe State of Bihar

Decided
Disposal
BAIL GRANTED

Holding

Bail was granted to the petitioner subject to conditions under Section 482(2) of the Code of Criminal Procedure.

Summary

The petitioner, Subhamati Devi, sought bail after being implicated in a murder case (Paliganj P.S. Case No. 216 of 2025) where the prosecution alleged that she and others strangled the informant’s daughter and stole dowry jewellery. The prosecution charged her under Sections 126(2), 115(2), 80 and 3(5) of the BNS, while the petitioner argued she has a clean antecedent and was falsely implicated because the informant herself suggested the death was a suicide. The petitioner's counsel highlighted that the informant was not an eye‑witness and that the FIR contained no specific allegation of an overt act against the petitioner. The Additional Public Prosecutor opposed bail, but the court noted the lack of specific incriminating material and the petitioner’s clean record. Consequently, the court granted bail on a Rs.10,000 bond with two sureties, subject to conditions under Section 482(2) of the CrPC and further compliance requirements.

Issues considered

  • Whether bail should be granted to the petitioner given the allegations of murder and theft under the BNS provisions.
  • Whether the absence of a specific allegation against the petitioner and her clean antecedent justify bail.

Legislation cited

Subjects

  • bail
  • false implication
  • murder
  • dowry theft
  • suicide
  • Section 482 CrPC
  • Bihar law

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.86681 of 2025
                       Arising Out of PS. Case No.-216 Year-2025 Thana- PALIGANJ District- Patna
                 ======================================================
                 Subhamati Devi, Wife of Shivdev Prasad @ Shivdev paswan @ Suryadev
                 Paswan, R/V- Milki PS- Paliganj Dist- Patna

                                                                                   ... ... Petitioner/s
                                                       Versus
                 The State of Bihar

                                                        ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :       Mr. Shyam Kishore, Advocate
                 For the Opposite Party/s :       Mr. Nand Kishore Prasad, APP
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE RAJESH KUMAR VERMA
                                       ORAL ORDER

2   08-01-2026                  Heard Mr. Shyam Kishore, learned counsel for the

                   petitioner and Mr. Nand Kishore Prasad, learned Additional

                   Public Prosecutor for the State.

                                2. The petitioner is apprehending her arrest in

                   connection with Paliganj P.S. Case No. 216 of 2025, F.I.R. dated

                   09.05.2025 for the offences punishable under Sections 126(2),

                   115(2), 80, 3(5) of the BNS.

                                3. According to prosecution case, all the accused

                   persons including this petitioner have murdered the daughter of

                   the informant by strangulation and took all the jewellery from

                   her body which was given in dowry.

                                4. Learned counsel for the petitioner submits that

                   petitioner has clean antecedent and she has been falsely

                   implicated in the present case merely on the ground that she is
Patna High Court CR. MISC. No.86681 of 2025(2) dt.08-01-2026
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          mother-in-law of the deceased. From perusal of the F.I.R., it

          appears that the informant herself stated in the F.I.R. that the

          door was closed from inside and dead body of the deceased was

          lying on the bed which shows that the deceased has committed

          suicide herself. Apart from that the informant is not an eye

          witness and it appears from the F.I.R. itself that there is no

          specific allegation of assault or overt act attributed against the

          petitioner rather there is general and omnibus allegation against

          all the accused persons includingthis petitioner.

                       5.   Learned       Additional       Public   Prosecutor   has

          vehemently opposed the prayer for bail of the petitioner.

                       6. Considering the aforesaid facts and circumstances

          that petitioner has clean antecedent and there is no specific

          allegation against the petitioner, let the petitioner, above named,

          in the event of her arrest or surrender before the court below

          within a period of thirty days from the date of receipt of the

          order, be released 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 S.D.J.M., Danapur, Patna in

          connection with Paliganj P.S. Case No. 216 of 2025, subject to

          the conditions as laid down under Section 482(2) of the Code of

          Criminal Procedure and with other following conditions:-
            Patna High Court CR. MISC. No.86681 of 2025(2) dt.08-01-2026
                                                        3/3




                                   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, his 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)
khushbu/-

U      T


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