Gayatri Devi v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.5066 of 2025 Arising Out of PS. Case No.-302 Year-2024 Thana- KHIJARSARAI District- Gaya ====================================================== Gayatri Devi W/O Subodh Sharma @ Subodh Kumar R/O Village- Uchauli, P.S- Khizersarai, Distt.- Gaya.

... ... Petitioner/s

Versus

The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr. Aryan Singh, Adv.

For the Opposite Party/s :

Mr. Umesh Lal Verma, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE RUDRA PRAKASH MISHRA ORAL ORDER 16-04-2025 Heard learned counsel for the petitioner and learned APP for the State. Perused the case diary called for in Cr. Misc. No. 3041 of 2025.

2. The petitioner seeks bail in connection with Khizersarai P.S. Case No. 302 of 2024 instituted for the offences under Sections 108, 238, 85, 3(5) of the Bhartiya Nyaya Sanhita, 2023.

3. As per prosecution case, the accusation against the petitioner is of instigating the victim deceased by way of torturing and assaulting the deceased which led to commit suicide by hanging.

4. Learned counsel for the petitioner submits that the petitioner is innocent and has committed no offence as alleged

Patna High Court CR. MISC. No.5066 of 2025(3) dt.16-04-2025 2/3 against her and has falsely been implicated in the present case. The petitioner is the mother of the victim (deceased). There is no specific or direct allegation of any overt act against the petitioner rather the same is general and omnibus in nature. He further submits that not a single evidence of any overt act has come against the petitioner in the entire record of the case suggesting her complicity in the alleged offence. The petitioner has no concern with the alleged occurrence. The petitioner has no criminal antecedent and is languishing in judicial custody since 08.10.2024 without any rhymes or reason.

5. On the other hand, learned A.P.P. for the State has vehemently opposed the prayer for grant of bail to the petitioner, stating that the offence alleged against the petitioner of causing death of Informant's husband is serious in nature. He further submits that the dead-body of the deceased was cremated without informing to the police. The witnesses in Para 5 & 6 of the case diary have supported the prosecution case. The Informant in the re-statement has also supported the prosecution case. The petitioner is named in the F.I.R. and, hence, he does not deserve bail.

6. Having heard rival contention of both the parties and considering the entire facts and circumstances of the case

Patna High Court CR. MISC. No.5066 of 2025(3) dt.16-04-2025 3/3 and taking into account the period of custody of the petitioner, there being no specific and direct allegation against the petitioner as also the petitioner being lady, let the petitioner, abovenamed, be released on bail on furnishing bail bonds of Rs.10,000/- (Ten thousand) with two sureties of the like amount each to the satisfaction of Court below/concerned Court in connection with Khizersarai P.S. Case No. 302 of 2024. (Rudra Prakash Mishra, J) rishi/- U T