Patna High Court
Asha DeviversusThe State of Bihar
- Decided
- Disposal
- PARTLY ALLOWED (DISPOSAL)
- Bench
- SANDEEP KUMAR
Holding
The court granted bail to Asha Devi subject to specified conditions and dismissed the application for Mira Devi as withdrawn.
Summary
The petitioners, Asha Devi and Mira Devi, sought relief from arrest in a criminal case (Rampur Hari P.S. Case No. 144 of 2025) filed under Sections 103(1) and 3(5) of the Bharatiya Nyaya Sanhita. Counsel for Mira Devi withdrew her application, and the court dismissed it, directing her to surrender within two weeks and apply for regular bail. Asha Devi, identified as the sister‑in‑law of the deceased, faced a general allegation; the court allowed her bail application. The court ordered that, upon arrest or surrender within six weeks, Asha Devi be released on bail upon furnishing a Rs.10,000 bond with two sureties, subject to conditions under Section 482 of the BNSS and Section 438(2) of the CrPC. The order was to be communicated to the Senior Superintendent of Police for compliance.
Issues considered
- Whether bail can be granted to Asha Devi under Section 482 of the Bharatiya Nyaya Sanhita and Section 438(2) of the Code of Criminal Procedure.
- Whether the application for Mira Devi can be withdrawn and the consequences thereof.
- What conditions should be imposed for the grant of bail to Asha Devi.
Legislation cited
- Bharatiya Nyaya Sanhita — s. 103(1), 3(5), 482
- Code of Criminal Procedure, 1973 — s. 438(2)
Subjects
- bail
- Bharatiya Nyaya Sanhita
- Code of Criminal Procedure
- withdrawal of application
- high court
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.89860 of 2025
Arising Out of PS. Case No.-144 Year-2025 Thana- RAMPUR HARI District- Muzaffarpur
======================================================
1. Asha Devi wife of Shyam Babu Ray @ Bhola Ray Resident of Village-
Barmajiwar Chakki PS- Rampurhari District -Muzaffarpur
2. Mira Devi Wife of Nawal Ray Resident of Village- Madaripur, PS-
Rampurhari District -Muzaffarpur
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr.Ravi Ranjan, Advocate
For the State : Mr.Binod Kumar, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE SANDEEP KUMAR
ORAL ORDER
2 04-02-2026 Heard learned counsel for the petitioners and learned
A.P.P. for the State.
2. The petitioners apprehend arrest in connection
with Rampur Hari P.S. Case No. 144 of 2025 instituted under
Sections 103(1) and 3(5) of the Bharatiya Nyaya Sanhita.
3. Learned counsel for the petitioner, at the very
outset, seeks permission and is permitted to withdraw this
application on behalf of the petitioner no. 2.
4. Accordingly, this application is dismissed as
withdrawn with respect to petitioner no. 2.
5. The petitioner no. 2 is directed to surrender within
two weeks from today and pray for regular bail, failing which
Patna High Court CR. MISC. No.89860 of 2025(2) dt.04-02-2026
2/2
the Senior Superintendent of Police, Muzaffarpur will take all
steps for arrest of the petitioner.
6. So far as petitioner no. 1 is concerned, she is the
sister-in-law of the deceased and there is general and omnibus
allegation against her.
7. In view of above, this application is allowed with
regard to petitioner no. 1 namely, Asha Devi.
8. Accordingly, in the event of arrest or surrender
before the Court below within six weeks from today, the
petitioner no. 1 namely, Asha Devi, be released on bail upon
furnishing bail bonds of Rs.10,000/- (ten thousand) with two
sureties of the like amount each to the satisfaction of the learned
Judicial Magistrate, First Class (East) Muzafffarpur/ concerned
Court in connection with Rampur Hari P.S. Case No. 144 of
2025, subject to the conditions laid down in Section 482 of the
BNSS/ 438(2) of the Code of Criminal Procedure, 1973.
9. Let a copy of this order be communicated to the
Senior Superintendent of Police, Muzaffapur through FAX or e-
mail for its compliance.
(Sandeep Kumar, J)
P. Kumar
U T
Checking your session…