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2026 DAILYLAW 44611 (PAT)

Basanti Devi v. The State of Bihar

CR. MISC./88184/2025 · 2026-01-12

Alok Kumar Pandey

body2026

Judgment text

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IN THE HIGH COURT OF JUDICATURE AT PATNA CRIMINAL MISCELLANEOUS No.88184 of 2025 Arising Out of PS. Case No.-287 Year-2022 Thana- DAUDPUR District- Saran ====================================================== Basanti Devi W/o Satyendra Singh @ Satyendra Narayan Singh Resident Of Village- Khardahiya, Khararahia, Ps- Daudpur, Dist- Saran At Chapra ... ... Petitioner/s Versus The State of Bihar Bihar ... ... Opposite Party/s ====================================================== Appearance : For the Petitioner/s : Mr. Ram Binod Singh, Advocate For the State : Mr. Ram Priya Sharan Singh, A.P.P For the Informant : Mr. Amrendra Kumar, Advocate ====================================================== CORAM: HONOURABLE MR. JUSTICE ALOK KUMAR PANDEY ORAL ORDER 2 12-01-2026 Heard learned counsel for the petitioner, learned counse for the informant and learned A.P.P. for the State. 2. The petitioner seeks bail in connection with Daudpur P.S. Case No. 287 of 2022 registered for the offences punishable under Sections 302, 120(B)/34 of the Indian Penal Code. 3. As per prosecution case, petitioner is said to have been order giver and she is said to have caught hold the hand of the victim. It is alleged that co-accused Dhananjay Kumar Singh, Yashwant Singh, Aman Kumar and Anuj Kumar Singh are said to have given indiscriminate knife blow upon the body of the victim and during the course of treatment, the victim succumbed to injury. Patna High Court CR. MISC. No.88184 of 2025(2) dt.12-01-2026 2/4 4. Learned counsel for the petitioner submits that petitioner being a lady having no criminal antecedent and she is in custody since 14.11.2025. He further submits that prudently and pragmatically, it is unfathomable that four male persons are giving indiscriminate blow upon the victim then, there is no reason to implicate lady to catch hold the victim. Learned counsel has specifically submitted that it is inconceivable that the father is the eye witness of the alleged occurrence as he has not defended his son while the indiscriminate blow was being inflicted upon his body. Moreover, petitioner has spent near about two months in jail custody and there is no specific overt- act attributed against the petitioner rather the allegation of giving indiscriminate blow upon the body of the victim is against co-accused Dhananjay Kumar Singh, Yashwant Singh, Aman Kumar and Anuj Kumar Singh. He further submits that after the investigation, the police has submitted final form against the petitioner and others and the learned Judicial Magistrate Ist Class, Saran at Chapra has taken cognizance against the petitioner and others. 5. The learned A.P.P. for the State and learned counsel for the inforamnt opposed the prayer for bail of the petitioner by submitting that there is indicriminate knife blow Patna High Court CR. MISC. No.88184 of 2025(2) dt.12-01-2026 3/4 upon the body of the victim and postmortem report also corroborate the said allegation made in FIR. 6. Considering the facts and circumstances of the case, period of custody, petitioner being a lady having no criminal antecedent, final form has been submitted against the petitioner, argument advanced on behalf of both sides and also taking into consideration the material available on record, let the petitioner above named be released on bail on furnishing bail bond of Rs. 10,000/- (Rupees Ten Thousand) with two sureties of the like amount each to the satisfaction of learned Judicial Magistrate, Ist Class, Saran at Chapra in connection with Daudpur P.S. Case No. 287 of 2022, subject to following conditions:- (i) One of the bailors shall be either father or mother or sister or brother or wife or the person who has sworn the affidavit in bail application. (ii) Petitioner will co-operate in trial and will remain present on all dates and absence for two consecutive dates without appropriate permission, would be a ground for cancellation of bail by the learned Trial court itself. (iii) If the petitioner tampers with the evidence or the witnesses, in that case, the prosecution will be at liberty to Patna High Court CR. MISC. No.88184 of 2025(2) dt.12-01-2026 4/4 move for cancellation of bail. alok/- (Alok Kumar Pandey, J) U T