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2026 DAILYLAW 40370 (PAT)

Suiya Devi v. The State of Bihar

CR. MISC./74870/2025 · 2026-01-21

Partha Sarthy

body2026

Judgment text

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IN THE HIGH COURT OF JUDICATURE AT PATNA CRIMINAL MISCELLANEOUS No.74870 of 2025 Arising Out of PS. Case No.-333 Year-2025 Thana- RAJAOLI District- Nawada ====================================================== 1. Suiya Devi W/o Late Jitan Yadav R/o Village - Gangata, P.S - Rajauli, District - Nawada 2. Bachiya Devi W/o Paran Yadav R/o Village - Gangata, P.S - Rajauli, District - Nawada ... ... Petitioner/s Versus The State of Bihar ... ... Opposite Party/s ====================================================== Appearance : For the Petitioner/s : Mr. Sunil Kumar, Advocate For the Opposite Party/s : Mr. Anant Kumar 1, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE PARTHA SARTHY ORAL ORDER 3 21-01-2026 Heard learned counsel for the petitioners and learned APP for the State. 2. The petitioners have preferred this application for grant of regular bail in connection with Rajauli P.S. Case no. 333 of 2025 registered under sections 126(2), 115(2), 109, 352, 351(2) and 3(5) of the Bharatiya Nyaya Sanhita, 2023. 3. As per the prosecution case, the two petitioners herein are said to have assaulted the informant with lathi, danda, fists and pasuli on her head as a result of which she sustained serious injuries and subsequently died. 4. Learned counsel for the petitioners submits that the petitioners are 60 and 77 year old ladies while the deceased was a 80 year old lady. The manner of occurrence is other than what has been Patna High Court CR. MISC. No.74870 of 2025(3) dt.21-01-2026 2/2 described in the FIR. There is a delay of 12 to 14 hours in lodging of the case. While the allegation is of assault with a pasuli, the post- mortem report does not support the prosecution case in so far as the cause of injury is said to be assault with a hard blunt substance. The allegation is specific on Bachiya Devi and not on Sugiya Devi. The material which has transpired in course of investigation mention about prior dispute between the parties. No case under section 302 of the Indian Penal Code is made out as there is no repetition of blow. The petitioners are in custody since 17.7.2025 and have no criminal antecedent. Chargesheet has been submitted in the case. 5. The application for bail is opposed by learned APP for the State. 6. Having heard learned counsel for the parties and taking into consideration the allegation of assault against the two petitioners herein which are supported from the contents of the post-mortem report wherein the Doctors found corresponding injuries on the head of the deceased and also found stitched and bandaged wound, the Court is not inclined to enlarge the petitioners on bail and the application is rejected. sauravkrsinha/- (Partha Sarthy, J) U T