Patna High Court
Subhamati DeviversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- RAJESH KUMAR VERMA
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
- Code of Criminal Procedure, 1973 — s. 482(2)
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
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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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