Patna High Court
Shobha DeviversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- PARTHA SARTHY
Holding
The Court ordered the petitioner to be released on regular bail upon furnishing the prescribed bond and sureties.
Summary
Shobha Devi was arrested in connection with a case registered under sections 105 and 3(5) of the Bhartiya Nyay Sanhita, 2023, alleging that she assaulted her husband and his son, leading to the husband's death. The informant, the mother‑in‑law, claimed the assault caused the death, but the post‑mortem report indicated cardio‑respiratory arrest as the cause of death. The petitioner contended that the allegations were false and that the medical evidence did not support the prosecution’s case. After six months of custody and the filing of a charge‑sheet, she applied for regular bail. The Court, considering the lack of corroborative medical evidence, the duration of custody, and the charge‑sheet, ordered that she be released on bail upon furnishing a bond of Rs.10,000 with two sureties.
Issues considered
- Whether bail should be granted in a case involving alleged murder and assault under sections 105 and 3(5) of the Bhartiya Nyay Sanhita, 2023.
- Whether the post‑mortem report indicating cardio‑respiratory arrest negates the prosecution’s claim of assault causing death.
- Whether the six‑month custodial period and the filing of a charge‑sheet affect the bail decision.
Legislation cited
- Bhartiya Nyay Sanhita, 2023 — s. 105, 3(5)
Subjects
- bail
- regular bail
- criminal procedure
- murder
- assault
- post‑mortem report
- Bhartiya Nyay Sanhita
- charge sheet
- false implication
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.87077 of 2025
Arising Out of PS. Case No.-71 Year-2025 Thana- SIRARI District- Sheikhpura
======================================================
Shobha Devi W/o Jitendra Chaudhary R/o Village - Maniyanda, P.s - Sirari,
District - Sheikhpura
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Bipin Kumar, Advocate
Mr. Abhishek Kumar, Advocate
For the Opposite Party/s : Mr. Arun Kumar Pandey, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE PARTHA SARTHY
ORAL ORDER
3 20-02-2026 1. Heard learned counsel for the parties.
2. The petitioner has preferred this application for
grant of regular bail in connection with Sirari P.S. Case no. 71
of 2025 registered under sections 105 and 3(5) of the Bhartiya
Nyay Sanhita, 2023.
3. As per the prosecution case, the informant states
that her son came to her in an injured condition and stated that
he had been assaulted by his wife the petitioner herein, as also
his son. He subsequently died the next day.
4. It is submitted by learned counsel for the petitioner
that the petitioner has been falsely implicated in the case at the
instance of the informant who happens to be the mother-in- law
of the petitioner. No such occurrence as alleged in the FIR has
Patna High Court CR. MISC. No.87077 of 2025(3) dt.20-02-2026
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taken place. The postmortem report does not support the
prosecution case, in so far as the cause of death is said to be
cardio respiratory arrest. The petitioner who is a lady and wife
of the deceased, is in custody since 15.8.2025 and charge sheet
has been submitted in the case.
5. The application for bail is opposed by learned APP
for the State.
6. Having heard learned counsel for the parties and taking
into consideration the allegations against the petitioner in the F.I.R.,
the petitioner being the wife of the deceased together with the
contents of the postmortem report wherein the cause of death is said
to be cardio respiratory arrest and the petitioner having remained in
custody for 6 months since 15.8.2025 together with the charge sheet
having been submitted in the case, the Court directs the petitioner to
be enlarged on bail in connection with Sirari P.S. Case no. 71 of 2025
on furnishing bail bond of Rs.10,000/ (Rupees Ten Thousand) with
two sureties of the like amount each to the satisfaction of the learned
Sub-Divisional Judicial Magistrate, Sheikhpura.
(Partha Sarthy, J)
Bibhash
U T
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