Patna High Court
Jyoti Devi @ Jyoti KumariversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- R P MISHRA
Holding
The Court granted bail to the petitioners.
Summary
The petitioners, three women from Muzaffarpur, were arrested in connection with a murder case (Turki PS Case No. 179 of 2024) under Sections 103(1), 238 and 61(2) of the Bharatiya Nyaya Sanhita, 2023. The prosecution alleged that they participated in the killing of an informant’s brother, while the defence contended that the deceased had committed suicide by hanging and that the women were falsely implicated with no specific overt act proved against them. The petitioners highlighted the absence of a suicide note, the post‑mortem report indicating asphyxia, their lack of criminal antecedents, and the fact that a co‑accused had already been granted bail. The State opposed the bail application, arguing the seriousness of the offences. Considering the lack of material evidence, the prolonged custody since 16‑10‑2025, and the petitioners’ personal circumstances, the Court inclined to grant bail, ordering them to furnish bail bonds of Rs.10,000 each with two sureties.
Issues considered
- Whether bail should be granted to the accused under Sections 103(1), 238 and 61(2) of the Bharatiya Nyaya Sanhita in view of the alleged murder and the circumstances of the case.
Legislation cited
- Bharatiya Nyaya Sanhita, 2023 — s. 103(1), 108, 238, 61(2)
Subjects
- bail
- murder
- false implication
- suicide
- Bharatiya Nyaya Sanhita
- criminal procedure
- women accused
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.91581 of 2025
Arising Out of PS. Case No.-179 Year-2024 Thana- TURKI KHARARU District-
Muzaffarpur
======================================================
1. Jyoti Devi @ Jyoti Kumari W/O Kamlesh Rai @ Kamlesh Kumar Resident
of Village- Chhajan, Nath Nagar, P.S.- Turki, District- Muzaffarpur
2. Manisha Devi @ Manisha Kumari W/O Krish Nandan Rai Resident of
Village- Chhajan, Nath Nagar, P.S.- Turki, District- Muzaffarpur
3. Anibha Kumari W/O Budhan Rai Resident of Village- Chhajan, Nath Nagar,
P.S.- Turki, District- Muzaffarpur
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr.Santosh Kumar, Advocate
For the Opposite Party/s : Mr.Surendra Kumar, A.P.P.
======================================================
CORAM: HONOURABLE MR. JUSTICE RUDRA PRAKASH
MISHRA
ORAL ORDER
2 17-01-2026 Heard learned counsel for the petitioners and learned
APP for the State.
2. The petitioners seek bail in connection with Turki
P.S. Case No. 179 of 2024 instituted for the offences under
Sections 103(1), 238, 61(2) of the Bharatiya Nyaya Sanhita,
2023.
3. Prosecution case, in short, is that accused persons
including the petitioners have committed the murder of the
informant’s brother.
4. Learned counsel for the petitioners submitted that
the petitioners have falsely been implicated in the present case.
Patna High Court CR. MISC. No.91581 of 2025(2) dt.17-01-2026
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Learned counsel for the petitioners submitted that general and
omnibus allegation has been made against the petitioners. No
specific overt act is alleged against the petitioners. Learned
counsel further submitted that except suspicion, there is no
material against the petitioners. He further submitted that police,
after investigation submitted charge-sheet under Sections 108,
238, 61(2) of the BNS. Learned counsel further submitted that,
as a matter of fact, the deceased himself committed suicide. It is
further submitted that petitioners never instigated the deceased
to commit suicide nor there is any suicide note to substantiate
the claim. It is further submitted that as per post-mortem report,
deceased died due to asphyxia as a result of hanging. Learned
counsel for the petitioners further submits that other co-accused
has been granted bail by this Court vide order dated 10.07.2025
passed in Cr. Misc. No. 20299 of 2025. It has been submitted
on behalf of the petitioners that the petitioners are ladies and are
in custody since 16.10.2025 and have no criminal antecedent.
5. Learned A.P.P. for the State has vehemently
opposed the prayer for grant of bail to the petitioners.
6. Considering the aforesaid facts and circumstances
of the case, as also the period of custody undergone by the
petitioners, this Court is inclined to grant bail to the petitioners.
Patna High Court CR. MISC. No.91581 of 2025(2) dt.17-01-2026
3/3
7. Let the petitioners be released on bail on furnishing
bail bonds of Rs.10,000/- (Ten thousand) each with two sureties
of the like amount each to the satisfaction of Court
below/concerned Court in connection with Turki P.S. Case No.
179 of 2024.
(Rudra Prakash Mishra, J)
manish/-
U T
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