Patna High Court
Sita DeviversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- RAJESH KUMAR VERMA
Holding
The court granted bail to the petitioner subject to a bond of Rs.10,000, two sureties, and specific conditions.
Summary
Sita Devi, the mother of a deceased son, was arrested on 2 August 2025 in connection with a murder and assault case under Sections 103(1) and 3(5) of the BNS, 2023. The prosecution alleged that she and her husband assaulted their son and daughter‑in‑law and murdered the son, while the defence argued that the FIR was fabricated, the petitioner has a clean antecedent, and it is implausible for an elderly woman to have committed the alleged acts. The petitioner sought bail after being in custody for several months. The court examined the petitioner’s clean record, the length of custody, and the lack of substantive evidence, and decided to grant bail on a bond of Rs.10,000 with two sureties, subject to conditions of cooperation, presence in court, non‑tampering with evidence, and verification of antecedents. The bail order was issued with a directive that any violation of conditions could lead to cancellation.
Issues considered
- Whether bail should be granted to the petitioner Sita Devi under Sections 103(1) and 3(5) of the BNS, 2023.
- Whether the petitioner’s clean antecedent and period of custody justify the grant of bail.
Legislation cited
- BNS, 2023 — s. 103(1), 3(5)
Subjects
- bail
- criminal procedure
- murder
- assault
- false FIR
- clean antecedent
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.90778 of 2025
Arising Out of PS. Case No.-202 Year-2025 Thana- MANIHARI District- Katihar
======================================================
Sita Devi W/O Jawahar Lal Uraon R/O Village- Jagwati (Golaghat), P.S-
Manihari, Distt.- Katihar.
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Pawan Kumar Singh, Advocate
For the Opposite Party/s : Mr. Navin Kumar Pandey, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE RAJESH KUMAR VERMA
ORAL ORDER
2 13-01-2026 Heard Mr. Pawan Kumar Singh, learned counsel for
the petitioner and Mr. Navin Kumar Pandey, learned Additional
Public Prosecutor for the State.
2. Petitioner seeks bail who is in custody since
02.08.2025 in connection with Manihari P.S. Case No. 202 of
2025, F.I.R. dated 01.08.2025 for the offences punishable under
Sections 103(1) and 3(5) of the BNS, 2023.
3. According to prosecution case, this petitioner along
with her husband assaulted their own son and daughter-in-
law(informant) and committed murder of their son.
4. Learned counsel for the petitioner submits that
petitioner has clean antecedent and she has falsely been
implicated in the present case. He further submits that the
allegation as alleged in the F.I.R is false and fabricated and the
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petitioner has not committed any offence as alleged in the F.I.R.
He further submits that the petitioner is the mother of the
deceased and on the basis of the information furnished by the
wife of the deceased who happens to be daughter-in-law of the
petitioner the present F.I.R has been instituted against the
petitioner and her husband. He further submits that it is not
possible that an old lady can assault her son who is young and in
presence of his wife. He further submits that the police after
investigation submitted the charge sheet against the petitioner.
The petitioner is in custody since 02.08.2025.
5. Learned Additional Public Prosecutor has
vehemently opposed the prayer for bail of the petitioner.
6. Considering the aforesaid facts and circumstances
that the petitioner has clean antecedent and period of custody, let
the petitioner, above named, be released on bail on furnishing
bail bond of Rs. 10,000/- (Ten Thousand) with two sureties of
the like amount each to the satisfaction of the learned District &
Additional Sessions Judge-II, Katihar in connection with
Manihari P.S. Case No. 202 of 2025, subject to the following
conditions:-
i. Petitioner shall co-operate in the trial and shall be
properly represented on each and every date fixed by the court
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and shall remain physically present as directed by the court and
on her absence on two consecutive dates without sufficient
reason, her bail bond shall be cancelled by the Court below.
ii. If the petitioner tampers with the evidence or the
witnesses, in that case, the prosecution will be at liberty to
move for cancellation of bail.
iii. And further condition that the court below shall
verify the criminal antecedent of the petitioner and in case at
any stage it is found that the petitioner has concealed her
criminal antecedent, the court below shall take step for
cancellation of bail bond of the petitioner. However, the
acceptance of bail bonds in terms of the above-mentioned order
shall not be delayed for purpose of or in the name of
verification.
(Rajesh Kumar Verma, J)
Vanisha/-
U T
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