Patna High Court
Ruchi DeviversusThe State of Bihar
- Decided
- Disposal
- DISMISSED
- Bench
- ALOK KUMAR
Holding
The bail petition is dismissed; the accused are not entitled to bail at this stage.
Summary
Petitioners Ruchi Devi and Manoj Yadav were arrested in connection with the alleged murder of Mahika Kumari, accused of killing her by strangulation. The prosecution’s case is based on a telephone tip from the victim’s nephew and the discovery of the body wrapped in a quilt, with marks of strangulation. The petitioners sought bail, claiming false implication, inconsistencies between the First Information Report and the post‑mortem report, and a clean criminal record. The post‑mortem report, however, concluded that death resulted from asphyxia and shock due to hanging caused by a flexible ligature. Considering the seriousness of the offence and the medical findings, the High Court declined to grant bail and directed the trial court to expedite the trial.
Issues considered
- Whether bail should be granted to the accused in a murder case where the post‑mortem indicates death by hanging.
- Whether the inconsistencies between the FIR and the post‑mortem report justify bail.
Legislation cited
- Bharatiya Nyaya Sanhita, 2023 — s. 120B, 201, 302, 34
Subjects
- bail
- murder
- post‑mortem
- hanging
- criminal procedure
- Bharatiya Nyaya Sanhita
- high court
- Gaya
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.9154 of 2026
Arising Out of PS. Case No.-217 Year-2025 Thana- IMAMGANJ District- Gaya
======================================================
1. Ruchi Devi W/o Manoj Yadav Resident of Village- Taitariye, P.O.-Malhari,
P.S.- Imamganj, District- Gaya
2. Manoj Yadav S/o Ramchandra Yadav Resident of Village- Taitariye, P.O.-
Malhari, P.S.- Imamganj, District- Gaya
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Ms. Eashita Raj, Advocate
For the Opposite Party/s : Mr.Rajendra Singh Shastri, A.P.P.
======================================================
CORAM: HONOURABLE MR. JUSTICE ALOK KUMAR
ORAL ORDER
4 14-07-2026 Heard learned counsel for the petitioners and learned
APP for the State.
2. The petitioners seek bail in connection with
Imamganj P.S. case No. 217 of 2025, instituted for the offences
under Sections 103[302 IPC], 238[201 I.P.C], 61(2)[120B I.P.C]
and 3(5)[34 I.P.C] of the Bharatiya Nyaya Sanhita, 2023.
3. Prosecution case, in short, is that nephew of the
informant Avinash Kumar informed on telephone that on
11.07.2025 at about 8.00 PM his niece Mahika Kumari has been
killed by his father Manoj Yadav (petitioner No.2) and step
mother Ruchi Devi (Petitioner No.1) by strangulation at rented
room near DSP School. On receiving this information,
Patna High Court CR. MISC. No.9154 of 2026(4) dt.14-07-2026
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informant rushed to the house of petitioners and found none was
present in the house. In the meanwhile, a Bolero vehicle came
there in which informant found dead body of his niece wrapped
in a quilt. The informant found marks of strangulation on her
neck. The informant believed that petitioners killed Mahika
Kumari by strangulation.
4. Learned counsel for the petitioners submitted that
the petitioners have falsely been implicated in the present case.
She further submitted that there is deviation in the First
Informant Report and that of Post-mortem report. According to
her as per the Post-mortem report the cause of death is Asphyxia
and shock due to hanging. Learned counsel for the petitioners
submits that general and omnibus allegation has been made
against the petitioners. It has further been submitted that the
petitioners are in custody since 11.07.2025 and have clean
criminal antecedent.
5. Learned A.P.P. for the State has vehemently
opposed the prayer for grant of bail to the petitioners and
submitted that there is minor deviations in the F.I.R. and the
Post-mortem report.
6. Considering the aforesaid facts and circumstances
of the case and perusal of the case diary as well as Post-mortem
Patna High Court CR. MISC. No.9154 of 2026(4) dt.14-07-2026
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report, it appears that Post-mortem report indicates that cause of
death is Asphyxia and shock due to hanging, as per opinion of
the Doctor, the features were ante-mortem and dangerous to life
and caused by suspension of the body by flexible ligature
material which encircle the neck. Looking into the Post-mortem
report, this Court is not inclined to grant bail to the petitioners at
this stage.
7. Accordingly, the prayer for grant of bail to the
petitioners is, hereby, rejected.
8. Learned Trial Court is directed to expedite the trial.
(Alok Kumar, J)
manish/-
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