Patna High Court
Shanti DeviversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- PARTHA SARTHY
Holding
The court granted regular bail to the petitioner on the condition of a bail bond and two sureties.
Summary
Shanti Devi, the wife of a deceased man, applied for regular bail in a murder case registered under sections 103(1), 123 and 3(5) of the Bhartiya Nyaya Sanhita, 2023. The prosecution alleged that she and her neighbour Ganesha Murmu had an affair and jointly assaulted the deceased, causing his death. The petitioner contended that the allegations were false, there was no affair, and the post‑mortem report showed no external injuries on the body. The State opposed bail, but the court noted the lack of physical injury, the petitioner’s six‑month pre‑trial detention, and the filing of the charge‑sheet. Consequently, the court ordered that bail be granted on a bond of Rs.10,000 with two sureties.
Issues considered
- Whether regular bail should be granted to the accused in a murder case under sections 103(1), 123 and 3(5) of the Bhartiya Nyaya Sanhita, considering the post‑mortem findings and the length of pre‑trial detention.
Legislation cited
- Bhartiya Nyaya Sanhita, 2023 — s. 103(1), 123, 3(5)
Subjects
- regular bail
- murder
- Bhartiya Nyaya Sanhita
- post-mortem report
- false implication
- criminal procedure
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.87723 of 2025
Arising Out of PS. Case No.-31 Year-2025 Thana- Baliya District- Purnia
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Shanti Devi Wife of Aklesh Sharma @ Akhilesh Sharma Resident of Village -
Muso Das Tola, Madhwapur, P.S. - Baliya, District - Purnea.
... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Sarvottam Kumar, Advocate
Mr. Raj Kumar, Advocate
For the Opposite Party/s : Mr. Rabindra Kumar, 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 Balia P.S. Case no.31 of
2025 registered under sections 103(1), 123 and 3(5) of the
Bhartiya Nyaya Sanhita, 2023.
3. As per the prosecution case, the informant states
that his brother’s wife (petitioner herein) was having an affair
with her neighbour Ganesha Murmu. It is further stated that on
the brother coming to know about the affair, both the petitioner
as also the neighbour brutally assaulted his brother leading to
his death.
4. Learned counsel for the petitioner submits that the
petitioner who happens to be the wife of the deceased has been
falsely implicated in the case. No such occurrence as alleged has
taken place nor does the petitioner have any affair with the co-
Patna High Court CR. MISC. No.87723 of 2025(3) dt.20-02-2026
2/2
accused Ganesha Murmu. The petitioner, who is a lady, is in
custody since 30.7.2025 and charge-sheet has been submitted in
the case.
5. The application for bail is opposed by learned A.P.P
for the State. However, it is submitted that as per the contents of
the post-mortem report which has come in the case diary, on
external examination of the deceased, no physical injury was
found over the body.
6. Having heard learned counsel for the parties and
taking into consideration the allegations in the FIR, the material
that has transpired in course of investigation, the contents of the
post-mortem report of the deceased, the petitioner having
remained in custody for over 6 months since 30.7.2025 and
chargesheet having been submitted in the case, the petitioner is
directed to be enlarged on bail in connection with Balia P.S.
Case no.31 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 Judicial Magistrate, 1 st
Class, Purnea.
(Partha Sarthy, J)
Shiv/-
U T
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