PRATIMA DEVIversusThe State of Bihar

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.90474 of 2025
                 Arising Out of PS. Case No.-111 Year-2025 Thana- CHANPATIA District- West Champaran
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                 Pratima Devi W/o- Late Rohit Yadav, R/v- Ahir Toli, Puraina, PS-
                 Chanpatiya, Dist- West Champaran.

                                                                                   ... ... Petitioner
                                                      Versus
                 The State of Bihar

                                                          ... ... Opposite Party
                 ======================================================
                 Appearance :
                 For the Petitioner        :     Mr. Sarvesh Kashyap, Advocate
                 For the State             :     Mr. Ashok Kumar Singh, APP
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE ARUN KUMAR JHA
                                       ORAL ORDER

3   23-02-2026                        Heard learned counsel for the petitioner and

                   learned A.P.P. for the State.

                                      2. In the present case, the petitioner seeks bail in

                   connection with Chanpatiya P.S. Case No. 111 of 2025 dated

                   27.06.2025, registered for the offences punishable under

                   Sections 103(1) and 238 read with Section 3(5) of the B.N.S.,

                   2023.

                                      3. As per the prosecution case, the dead body of the

                   brother of the informant was found near railway track. On

                   further enquiry by the informant, he came to know about the

                   petitioner, the wife of the deceased, and other co-accused

                   persons who killed his brother and threw the body near railway

                   track.

                                      4. Learned counsel appearing on behalf of the
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          petitioner submits that petitioner is innocent and she has falsely

          been implicated in the present case. There is no substantive

          material against the petitioner, except the suspicion of the

          informant. Moreover, the FIR has been lodged after delay of

          more than 3 months. Initially, a UD case was registered for

          death of the brother of the informant and after the post-mortem

          report came, showing strangulation to be the cause of death of

          brother of informant, this false case has been lodged. Learned

          counsel further submits that petitioner was legally wedded wife

          of the deceased and on the alleged date of occurrence, a small

          quarrel took place between the petitioner and the deceased, and

          the deceased went outside in a drunken condition and petitioner

          went to sleep. Thereafter, she had no knowledge regarding what

          had happened. Though she subsequently came to know that her

          husband had succumbed to injuries caused in a train accident

          and his dead body was lying in a maize field. Learned counsel

          next submits that petitioner is having clean antecedent and

          chargesheet has been submitted. Learned counsel lastly submits

          that petitioner is in custody since 25.07.2025.

                          5. Learned A.P.P. appearing on behalf of the State

          opposes the submissions made on behalf of the petitioner and

          submits that the petitioner along with her paramour and other
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          co-accused strangulated the brother of the informant to death

          and this fact came to notice after post-mortem was conducted,

          otherwise it was being treated as a UD case.

                          6. Having regard to the facts and circumstances and

          submissions made on behalf of the parties and considering the

          fact that petitioner is a lady and also considering the nature of

          allegation against her and the material available on record and

          further considering clean antecedent of the petitioner, her period

          of custody and submission of chargesheet, the petitioner, above-

          named, is directed to be released on bail, on furnishing bail

          bonds of Rs.10,000/- (Rupees Ten Thousand Only) with two

          sureties of the like amount each to the satisfaction of learned

          Chief Judicial Magistrate, Bettiah, West Champaran / concerned

          Court, in connection with Chanpatiya P.S. Case No. 111 of

          2025, subject to the condition laid down under Section 480(3) of

          the B.N.S.S. and other following conditions:

                          (i) One of the bailors will be a close relative of the

          petitioner.

                          (ii) The petitioner will remain present on each and

          every date fixed by the court below, if so required by the learned

          trial Court.

                          (iii) In case of absence on three consecutive dates
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                    or in violation of the terms of the bail, the bail bond of the

                    petitioner will be liable to be cancelled by the Court concerned.



                                                                    (Arun Kumar Jha, J)

Shahnawaz/-

U     T