Patna High Court
Kusmi DeviversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- SANDEEP KUMAR
Holding
The court allowed the petition for regular bail and ordered the petitioner’s release on bail.
Summary
The petitioner, Kusmi Devi, sought regular bail in a case (PS Case No. 670/2025) where she was accused, along with others, of torturing a deceased person who subsequently committed suicide, under Sections 80 and 3(5) of the B.N.S. The prosecution alleged her involvement as the mother‑in‑law of the deceased, while her counsel contended that she was innocent, a woman of good character, and had been in custody since 21‑09‑2025. The State opposed the bail, arguing the seriousness of the allegations. The court considered the fact that the deceased had taken his own life, the length of the petitioner’s custody, and her status as a woman. Concluding that these factors warranted bail, the court ordered her release on a bail bond of Rs. 10,000 with two sureties. The order was pronounced by Justice Sandeep Kumar.
Issues considered
- Whether the petitioner is entitled to regular bail despite the allegations of involvement in a suicide case under Sections 80 and 3(5) of the B.N.S.
Legislation cited
- B.N.S. — s. 3(5), 80
Subjects
- bail
- regular bail
- suicide
- women
- criminal procedure
- Section 80
- Section 3(5)
- Bihar
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.89079 of 2025
Arising Out of PS. Case No.-670 Year-2025 Thana- AMARPUR District- Banka
======================================================
Kusmi Devi Wife of Indradev Yadav R/O Village- Shishwadamgi, Police
Station- Fullidumar, District- Banka.
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr.Ajay Mukherjee, Advocate
For the Opposite Party/s : Mr.Jai Narain Thakur, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE SANDEEP KUMAR
ORAL ORDER
4 24-03-2026 Heard learned counsel for the petitioner and learned
Additional Public Prosecutor for the State.
2. The petitioner seeks bail in connection with
Amarpur (Fullidumar) P.S. Case No. 670/2025 registered for the
offences punishable under Sections 80, 3(5) of B.N.S.
3. As per the prosecution case, petitioner is mother-in-
law of the deceased. Allegation against her is that she along with
others is said to have tortured the deceased because of which the
deceased has committed suicide.
4. Learned counsel for the petitioner submits that
petitioner is innocent and has falsely been implicated in the
present case. Learned counsel further submits that petitioner is a
woman with clean antecedent and she is in custody since
21.09.2025. The petitioner undertakes to co-operate in the case/
Patna High Court CR. MISC. No.89079 of 2025(4) dt.24-03-2026
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trial.
5. Learned APP for the State has opposed the prayer
for regular bail of the petitioner.
6. Considering the fact that the deceased has
committed suicide and the period of custody and also the fact
that petitioner is a woman, this application for regular bail is
allowed.
7. Accordingly, let the petitioner, above named, be
released on bail on furnishing bail bonds of Rs. 10,000/- (Ten
Thousand) with two sureties of the like amount each to the
satisfaction of the learned Chief Judicial Magistrate, Banka
/concerned Court below in connection with Amarpur
(Fullidumar) P.S. Case No. 670 of 2025.
(Sandeep Kumar, J)
tusharika/-
U T
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