Mamta Devi v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.32115 of 2026 Arising Out of PS. Case No.-182 Year-2025 Thana- PALIGANJ District- Patna ====================================================== Mamta Devi W/o- Late Vijay Chauhan, R/o Vill- Dharhara, P.S. - Paliganj, Dist - Patna.
... ... Petitioner
Versus
The State of Bihar ... ... Opposite Party ====================================================== Appearance :
For the Petitioner/s :
Mr. Atul Dayal, Advocate For the Opposite Party/s :
Mr. Rajiv Nayan, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE ARUN KUMAR JHA ORAL ORDER 15-05-2026 Heard learned counsel for the petitioner and learned A.P.P. for the State.
2. In the present case, the petitioner seeks bail in connection with Paliganj P.S. Case No. 182 of 2025, dated 19.04.2025, registered for the offences punishable under Sections 85 and 103(1) read with Section 3(5) of the B.N.S., 2023.
3. As per the prosecution case, daughter of the informant was married with co-accused Lalu Chauhan in the year 2013 and the petitioner is the mother of the co-accused Lalu Chauhan. The allegation against the petitioner and other co-accused persons is that they used to torture the daughter of the informant and had always been demanding money on different pretexts. The informant received information on 16.04.2025 that her daughter was murdered in her matrimonial
Patna High Court CR. MISC. No.32115 of 2026(2) dt.15-05-2026 2/3 home.
4. Learned counsel appearing on behalf of the petitioner submits that petitioner is innocent and she has falsely been implicated in the present case. Petitioner is the mother-inlaw of the deceased and marriage of her son took place in the year 2013. For twelve years, there has been no complaint about harassment or cruelty related to the deceased by the petitioner or other co-accused persons. Learned counsel further submits that on the date of occurrence, the petitioner was not even present in her house and this fact was noticed during investigation. Learned counsel further submits that post-mortem report shows that death was caused due to poisoning, but the post-mortem report does not establish homicidal death. Learned counsel next submits that petitioner is having clean antecedent and chargesheet has been submitted. Learned counsel lastly submits that petitioner is aged about seventy-two years old and she is in custody since 16.09.2025.
5. Learned A.P.P. appearing on behalf of the State opposes the submissions made on behalf of the petitioner.
6. Having regard to the facts and circumstances and submissions made on behalf of the parties and considering the fact that the petitioner is stated to be seventy-two years old
Patna High Court CR. MISC. No.32115 of 2026(2) dt.15-05-2026 3/3 mother-in-law of the deceased and further considering the doubtful nature of allegation and also considering the period of custody of petitioner and submission of chargesheet, the petitioner, above-named, is directed to 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, Danapur / concerned Court, in connection with Paliganj P.S. Case No. 182 of 2025, subject to the condition laid down under Section 480(3) of the B.N.S.S. and other following conditions: (i) One of the bailors will be a close relative of the petitioner.
(ii) The petitioner will remain present on each and every date fixed by the court below, if so required by the learned trial Court.
(iii) In case of absence on three consecutive dates or in violation of the terms of the bail, the bail bond of the petitioner will be liable to be cancelled by the Court concerned. (Arun Kumar Jha, J) Shahnawaz/- U T