Patna High Court
Sheela Devi @ Shila DeviversusThe State of Bihar
- Decided
- Disposal
- ALLOWED
- Bench
- ASHOK KUMAR PANDEY
Holding
The court granted regular bail to the petitioners.
Summary
The petitioners, Sheela Devi and Puja Kumari, sought regular bail in a murder case (Case No. 222 of 2025) where the deceased, Shankar Kumar, was found dead by drowning. The prosecution alleged that the petitioners were involved in a dispute over an alleged illicit relationship and that they facilitated the deceased's return to his in-laws, leading to his death. The petitioners contended they were innocent, had no criminal antecedent, and that the case rested solely on circumstantial evidence without any direct link to them. The trial court had recorded the cause of death as asphyxia and shock due to ante‑mortem drowning. The High Court, after hearing both sides, found the allegations vague and the evidence insufficient to deny bail, and ordered the petitioners released on bail upon furnishing a bond with sureties.
Issues considered
- Whether regular bail should be granted to the petitioners under sections 103(1) and 3(5) of the BNS given the nature of the evidence and the seriousness of the offence.
- Whether the circumstantial evidence presented by the prosecution is sufficient to justify denial of bail.
Legislation cited
- BNS — s. 103(1), 3(5)
Subjects
- regular bail
- circumstantial evidence
- murder
- Bihar
- criminal procedure
- sections 103(1) and 3(5) BNS
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.89514 of 2025
Arising Out of PS. Case No.-222 Year-2025 Thana- CHAUSA District- Madhepura
======================================================
1. Sheela Devi @ Shila Devi Son of Kailu Mandal @ Kailash Mandal Resident
of Village - Milki, P.S.-Dholbazza (Naugachhia), District - Bhagalpur.
2. Puja Kumari @ Soni W/o Late Shankar Mandal @ Shankar Kumar Resident
of Village - Milki, P.S.-Dholbazza, District - Bhagalpur.
... ... Petitioner/s
Versus
The State of Bihar Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr.Patla Kumari, Advocate
For the Opposite Party/s : Mr.Bhanu Pratap Singh, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE ASHOK KUMAR PANDEY
ORAL ORDER
2 15-01-2026 Heard learned counsel for the petitioners and
learned APP for the State.
2. The petitioners have prayed for regular bail in a
case registered for the offence punishable under sections 103
(1), 3 (5) of the BNS.
3. The case of the prosecution is that Shankar Kumar
(deceased) was married with Puja Kumari @ Soni. After one
year of the marriage, the informant came to know that his
daughter-in-law was allegedly having an illicit relationship with
one Siko Kumar. In this context, three to four panchayats were
convened but the matter could not be resolve. It is further
alleged that on 06.08.2025, the informant’s son brother-in-law,
Patna High Court CR. MISC. No.89514 of 2025(2) dt.15-01-2026
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namely, Hemant came to informant’s house and requested him
to forget the past mistakes and accompany with him to his
house. Thereafter, the informant’s son Shankar Kumar went to
his ‘sasural’ along with Hemant to bring back his wife.
Subsequently, on 08.08.2025 at about 8:00 A.M., the
decomposed dead body of Shankar Kumar found lying beside
the Chhath-Ghat Pokhar near the Bhatgama Petrol Pump.
4. Learned counsel for the petitioners submits that the
petitionera are innocent and have falsely been implicated in
connection with the present case. It is further submitted that the
petitioner no. 1 is mother-in-law of the deceased whereas
petitioner n. 2 is the wife of deceased. From perusal of the order
passed by the learned trial Court, it appears that the cause of
death of the deceased, Shankar Kumar has been opined to be
Asphyxia and shock due to ante-mortem drowning. It is further
submitted that the nature of allegation against the petitioners are
general and omnibus. It is contended that the case is based
entirely on circumstantial evidence and that there is no
circumstance on record to show that the petitioners had any role
in the alleged occurrence. Moreover, the petitioners are
languishing in judicial custody since 16.08.2025 having no
criminal antecedent.
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5. Learned APP appearing for the State has
vehemently opposed the prayer of regular bail.
6. Considering the aforesaid facts and circumstances
of the case, this court is inclined to enlarge the petitioners on
bail. The above named petitioners are directed to be released on
bail in connection with Chausa P.S. Case No. 222 of 2025 on
furnishing bail bond of Rs.10,000/- (ten thousand) each with
two sureties of the like amount each to the satisfaction of
learned SDJM, Udakishunganj.
(Ashok Kumar Pandey, J)
Jagdish/-
U T
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