Bachchi Devi v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.28704 of 2026 Arising Out of PS. Case No.-95 Year-3025 Thana- SIWAIPATTI District- Muzaffarpur ====================================================== Bachchi Devi W/O Late Lagan Ram @ Murari Ram R/O Village- Harser Balua, P.S- Siwaipatti, District- Muzaffarpur. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Sanjay Kumar S.K., Advocate For the Opposite Party/s :

Mr.Satyendra Prasad, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE ARUN KUMAR JHA ORAL ORDER 30-04-2026 Heard learned counsel for the petitioner and learned APP for the State.

2. In the present case, the petitioner is apprehending her arrest in connection with Siwaipatti P.S. Case No. 95 of 2025 registered for the offences under Sections 190, 191(2), 103(2) of BNS.

3. As per prosecution case, on 16.05.12025 the husband of the informant went to the house of the petitioner on being asked by the petitioner to distribute wedding cards. When he did not return, the informant enquired from the petitioner and she was told by the petitioner that her husband was not well. Thereafter, on 18.05.2025 in the evening, the petitioner and coaccused Om Prakash Ram brought the husband of the informant

2/4 to her doors in an auto and he was found to have suffered a number of injuries. Thereafter, the husband of the informant was taken to the hospital where he was declared brought dead. The informant named the petitioner and co-accused persons for committing the murder of her husband.

4. Learned counsel for the petitioner submits that the petitioner is innocent and has falsely been implicated in this case. She has been made accused in this case merely on suspicion. The true facts of the case is that the husband of the informant met with a road accident while travelling on motorcycle with co-accused Om Prakash Ram and sustained injuries and died during his treatment. The deceased sustained head injury in their accident and the postmortem report shows only four abrasions on the body of the deceased and the death is stated to be caused by haemorrahge, coma and shock due to above noted injury. Therefore, there is no allegation of any assault or injury being caused by any person or recovery of incriminating article from the petitioner and on wrong information, the petitioner as well as other co-accused persons have been made accused in this case. Learned counsel further submits that it is also apparent from the FIR that the husband of the informant went to the house of the petitioner on 16.05.2025

3/4 but when he did not return for two days, still the informant did not lodge any FIR or enquire about the health of her husband by meeting the petitioner. Learned counsel further submits that the petitioner is a lady and she is having clean antecedent.

5. Learned APP opposes the submission made on behalf of the petitioner. Learned APP submits that there is specific allegation against the petitioner and other co-accused persons for causing death of the husband of the informant.

6. Having regard to the facts and circumstances and submissions made on behalf of the parties and considering the improbable nature of accusation, let the petitioner above named, in the event of his arrest or surrender before the court concerned within a period of eight weeks from today, be released on bail, on furnishing bail bonds of Rs.10,000/- (Rupees Ten Thousand Only) with two sureties of the like amount each to the satisfaction of learned Sub-divisional Judicial Magistrate (East), Muzaffarpur/concerned court in connection with Siwaipatti P.S. Case No. 95 of 2025, subject to the condition as laid down under Section 482(2) of the B.N.S.S. and other following conditions :

(i) One of the bailors will be a close relative of the petitioner.

4/4 (ii) The petitioner will remain present on each and every date fixed by the court below, if so required by the learned trial court.

(Arun Kumar Jha, J) DKS/- U T