Patna High Court
Basanti DeviversusThe State of Bihar
- Decided
- Disposal
- ALLOWED
- Bench
- ALOK KUMAR PANDEY
Holding
The court held that, given the petitioner’s lack of criminal antecedents and the absence of a specific incriminating act, bail should be granted subject to conditions.
Summary
Basanti Devi was arrested in connection with a murder case (Sections 302, 120(B)/34 IPC) where co‑accused allegedly inflicted knife blows on the victim. The petitioner contended she only held the victim’s hand, had no criminal antecedents, and had been in custody for about two months. The State argued that the post‑mortem report and the nature of the assault warranted denial of bail. The court, considering the petitioner’s gender, lack of prior record, and the absence of a specific overt act attributed to her, granted bail on a Rs.10,000 bond with two sureties and imposed conditions regarding trial attendance and non‑tampering with evidence. The bail order was subject to cancellation if conditions were breached.
Issues considered
- Whether bail should be granted to the accused in a murder and conspiracy case.
- Whether the petitioner’s alleged act of merely holding the victim’s hand constitutes participation sufficient to deny bail.
- Whether the presence of co‑accused and post‑mortem findings affect the bail decision.
Legislation cited
- Indian Penal Code — s. 120(B), 302, 34
Subjects
- bail
- murder
- conspiracy
- IPC
- gender
- criminal antecedent
- trial cooperation
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.88184 of 2025
Arising Out of PS. Case No.-287 Year-2022 Thana- DAUDPUR District- Saran
======================================================
Basanti Devi W/o Satyendra Singh @ Satyendra Narayan Singh Resident Of
Village- Khardahiya, Khararahia, Ps- Daudpur, Dist- Saran At Chapra
... ... Petitioner/s
Versus
The State of Bihar Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Ram Binod Singh, Advocate
For the State : Mr. Ram Priya Sharan Singh, A.P.P
For the Informant : Mr. Amrendra Kumar, Advocate
======================================================
CORAM: HONOURABLE MR. JUSTICE ALOK KUMAR PANDEY
ORAL ORDER
2 12-01-2026 Heard learned counsel for the petitioner, learned
counse for the informant and learned A.P.P. for the State.
2. The petitioner seeks bail in connection with
Daudpur P.S. Case No. 287 of 2022 registered for the offences
punishable under Sections 302, 120(B)/34 of the Indian Penal
Code.
3. As per prosecution case, petitioner is said to
have been order giver and she is said to have caught hold the
hand of the victim. It is alleged that co-accused Dhananjay
Kumar Singh, Yashwant Singh, Aman Kumar and Anuj Kumar
Singh are said to have given indiscriminate knife blow upon the
body of the victim and during the course of treatment, the victim
succumbed to injury.
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4. Learned counsel for the petitioner submits that
petitioner being a lady having no criminal antecedent and she is
in custody since 14.11.2025. He further submits that prudently
and pragmatically, it is unfathomable that four male persons are
giving indiscriminate blow upon the victim then, there is no
reason to implicate lady to catch hold the victim. Learned
counsel has specifically submitted that it is inconceivable that
the father is the eye witness of the alleged occurrence as he has
not defended his son while the indiscriminate blow was being
inflicted upon his body. Moreover, petitioner has spent near
about two months in jail custody and there is no specific overt-
act attributed against the petitioner rather the allegation of
giving indiscriminate blow upon the body of the victim is
against co-accused Dhananjay Kumar Singh, Yashwant Singh,
Aman Kumar and Anuj Kumar Singh. He further submits that
after the investigation, the police has submitted final form
against the petitioner and others and the learned Judicial
Magistrate Ist Class, Saran at Chapra has taken cognizance
against the petitioner and others.
5. The learned A.P.P. for the State and learned
counsel for the inforamnt opposed the prayer for bail of the
petitioner by submitting that there is indicriminate knife blow
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upon the body of the victim and postmortem report also
corroborate the said allegation made in FIR.
6. Considering the facts and circumstances of the
case, period of custody, petitioner being a lady having no
criminal antecedent, final form has been submitted against
the petitioner, argument advanced on behalf of both sides and
also taking into consideration the material available on record,
let the petitioner above named be released on bail on furnishing
bail bond of Rs. 10,000/- (Rupees Ten Thousand) with two
sureties of the like amount each to the satisfaction of learned
Judicial Magistrate, Ist Class, Saran at Chapra in connection
with Daudpur P.S. Case No. 287 of 2022, subject to following
conditions:-
(i) One of the bailors shall be either father or
mother or sister or brother or wife or the person who has sworn
the affidavit in bail application.
(ii) Petitioner will co-operate in trial and will
remain present on all dates and absence for two consecutive
dates without appropriate permission, would be a ground for
cancellation of bail by the learned Trial court itself.
(iii) If the petitioner tampers with the evidence or
the witnesses, in that case, the prosecution will be at liberty to
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move for cancellation of bail.
(Alok Kumar Pandey, J)
alok/-
U T
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