Shobha Devi @ Sobha Devi v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.8390 of 2026 Arising Out of PS. Case No.-177 Year-2025 Thana- SHYAMPUR BHATHAN DistrictSheohar ====================================================== Shobha Devi @ Sobha Devi, Wife Of Late Jagarnath Sahni, R/O VillageDumari, P.S.- Shyampur Bhatha, District- Sheohar ... ... Petitioner/s
Versus
The State Of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr. Krishna Chandra Ojha, Advocate For the Opposite Party/s :
Mr. Sanjay Kumar Pandey, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE ASHOK KUMAR PANDEY ORAL ORDER 12-02-2026 Heard learned counsel for the petitioner and learned APP for the State.
2. The petitioner has prayed for bail in connection with Shyampur Bhatha P.S. Case No. 177 of 2025 registered for the offence punishable under Sections 103(1), 123, 238 and 3(5) B.N.S.
3. The case of the prosecution, in short, is that the son of the informant has gone to the parental house of his wife (petitioner) for bringing her back. It is alleged that on 29.10.2025 at 2:30 P.M., the informant came to know that her son (deceased) has been killed by the petitioner and her family members and the body is concealed in bamboo clamp.
4. Learned counsel appearing on behalf of the petitioner has submitted that petitioner is innocent and has
Patna High Court CR. MISC. No.8390 of 2026(2) dt.12-02-2026 2/3 committed no offence. From perusal of the order of the learned trial Court it is clear that learned trial Court has recorded that in para-2 of the case diary it is stated that on the basis of secret information the Officer in-charge of Shyampur Bhatha P.S. reached the spot and found unknown body. Near the dead body two plastic bottles of insecticide was lying. On one bottle amino acid (Lethal Super 505) was marked. Para-4 is the inquest report wherein it is stated that no mark of injury was found on the body and in the Regional Forensic Science Laboratory, Muzaffarpur report at para-4 "suspected death appears poisoning".
It has further been submitted that had it been a case of poisoning by the in-laws, there must have been some resistance from the deceased and mark of injury resulting to that resistance. It has also been submitted that the petitioner has been framed in this case only because she is wife of the deceased and the deceased has died near the house of this petitioner. The nature of allegation is general and omnibus. Petitioner is a lady. She is having no criminal antecedent and she is languishing in judicial custody since 31.10.2025.
5. Learned APP appearing for the State has vehemently opposed the application for bail.
6. Having heard learned counsel for the parties and
Patna High Court CR. MISC. No.8390 of 2026(2) dt.12-02-2026 3/3 considering the facts and circumstances of the case, this Court is inclined to enlarge the petitioner on bail. The above named petitioner is directed to be enlarged on bail on furnishing bail bond of Rs. 10,000/- (Rs. ten thousand only) with two sureties of the like amount each to the satisfaction of the learned A.C.J.M.-III, Sheohar in connection with Shyampur Bhatha P.S. Case No. 177 of 2025.
(Ashok Kumar Pandey, J) lata/- U T