Patna High Court
Shanti Kuwr @ Shanti KuerversusThe State of Bihar
- Decided
- Disposal
- BAIL REJECTED
- Bench
- PARTHA SARTHY
Holding
The application for regular bail was denied.
Summary
Shanti Kuwr, the mother‑in‑law of a deceased woman, was implicated in a murder case (PS Karahgar Case No. 302 of 2025) under sections 80(2), 238(a) and 3(5) of the Bharatiya Nyaya Sanhita, 2023. The prosecution alleges that the deceased was tortured and killed by a group that included the petitioner, and that the body was disposed of. The petitioner contended that she was falsely implicated, highlighted the delayed filing of the FIR and the lack of independent witnesses, and sought regular bail. The State and the informant opposed bail, emphasizing the serious nature of the allegations and the petitioner’s familial relationship to the victim. After hearing both sides, the Court declined to grant bail, noting the gravity of the accusations, and allowed the petitioner to renew the bail prayer after charge‑framing or three months, whichever is later.
Issues considered
- Whether the petitioner is entitled to regular bail under sections 80(2), 238(a) and 3(5) of the Bharatiya Nyaya Sanhita, 2023 despite the serious murder allegations.
- Whether the delay in lodging the FIR and absence of independent witnesses justify bail.
Legislation cited
- Bharatiya Nyaya Sanhita, 2023 — s. 238(a), 3(5), 80(2)
Subjects
- regular bail
- murder
- mother‑in‑law
- FIR delay
- Bharatiya Nyaya Sanhita
- criminal procedure
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.87721 of 2025
Arising Out of PS. Case No.-302 Year-2025 Thana- KARAHGAR District- Rohtas
======================================================
Shanti Kuwr @ Shanti Kuer Wife of Late Hiralal Thakur @ Hira Thakur @
Hiralal Sharma Resident of village - Baheri, P.S.- Kargahar, District - Rohtas.
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Babu Nandan Prasad, Advocate
For the State : Mr. Pranav Kumar, APP
For the Informant : Mr. Ajay Kumar Tiwari, Advocate
======================================================
CORAM: HONOURABLE MR. JUSTICE PARTHA SARTHY
ORAL ORDER
4 24-02-2026 Heard learned counsel for the petitioner, learned APP
for the State and learned counsel for the informant.
2. The petitioner has preferred this application for
grant of regular bail in connection with Karahgar P.S. Case no.
302 of 2025 registered under sections 80(2), 238(a) and 3(5) of
the Bharatiya Nyaya Sanhita, 2023.
3. As per the prosecution case, the daughter of the
informant was married to the son of the petitioner in April,
2024. It is further stated that she was tortured by the accused
persons including the petitioner herein, who happens to be her
Patna High Court CR. MISC. No.87721 of 2025(4) dt.24-02-2026
2/3
mother-in-law, and finally she was done to death. Her body was
disposed of.
4. Learned counsel for the petitioner submits that the
petitioner has been falsely implicated in the case only for the reason
that she happens to be the mother-in-law of the deceased. There is
delay in lodging of the FIR. No independent witness has supported
the prosecution case. The petitioner is in custody since 18.9.2025 and
chargesheet has been submitted in the case. It is finally submitted that
the husband of the deceased is in custody since 14.11.2025.
5. The application for bail is opposed by learned APP
for the State and learned counsel for the informant. Learned
counsel for the informant submits that the petitioner who
happens to be the mother-in-law of the deceased has been
named in the FIR with allegations levelled against her. It is
further submitted that the accused persons disposed of the dead
body.
6. Having heard learned counsel for the parties and
taking into consideration the allegations against the petitioner in
the FIR, the petitioner being the mother-in-law of the deceased
and the accused persons having disposed of the dead body, the
Court is not inclined to enlarge the petitioner on bail and the
application is rejected.
Patna High Court CR. MISC. No.87721 of 2025(4) dt.24-02-2026
3/3
7. Liberty is granted to the petitioner to renew her
prayer for bail after framing of charge or after three months,
whichever is later.
(Partha Sarthy, J)
sauravkrsinha/-
U T
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