Urmila Devi @ Urmilla Devi v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.47037 of 2025 Arising Out of PS. Case No.-45 Year-2021 Thana- MOTIHARI MUFASIL District- East Champaran ====================================================== 1.
Urmila Devi @ Urmilla Devi Wife of Guljar Sahani @ Gurjar Sahani Resident Of Village- Rulahi Ps -Muffasil Motihari District -East Champaran 2.
Guljar Sahani @ Gurjar Sahani Son of Late Rambahadur Sahani Resident Of Village- Rulahi Ps -Muffasil Motihari District -East Champaran ... ... Petitioner/s
Versus
The State of Bihar bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr.Abhishek Kumar For the Opposite Party/s :
Mr.Tarkeshwar Nath Thakur ====================================================== CORAM: HONOURABLE MR. JUSTICE CHANDRA PRAKASH SINGH ORAL ORDER 01-11-2025 Heard learned counsel for the petitioners and learned A.P.P for the State.
2. The petitioners have preferred this application for grant of regular bail in connection with Muffasil P.S. Case No. 45 of 2021 dated 27.01.2021 registered for the offences punishable u/ss 325, 326, 307, 302 read with section 34 of the Indian Penal Code.
3. As per the prosecution case, when the informant went to her field for grazing the goats. She collected wood and set it on fire to warm herself. In the meantime, all the FIR named accused persons including the petitioner put sugarcane leaves in the fire and the petitioner no. 2, Guljar Sahani and the
Patna High Court CR. MISC. No.47037 of 2025(4) dt.01-11-2025 2/3 co-accused Deolal Sahani allegedly threw flame of fire on her body which caught fire in her saree and thus she started burning and raised alarm, then the wife of one Shankar Sahani reached there and saved her and took her to the hospital for treatment. Later on during treatment, she succumbed to burn injuries.
4. Learned counsel for the petitioners has submitted that the petitioners are innocent and have falsely been implicated in this case. The petitioners have no intention to cause death of the deceased. The petitioner no. 1 is a lady. The petitioners have clean antecedent as stated in para 3 of the bail petition. The petitioners are in custody since 09.03.2025.
5. Learned A.P.P. for the State has vehemently opposed the bail petition of the petitioners by submitting that there is direct allegation against the petitioner no. 2 of throwing the burning flame on the deceased due to that she was burnt severely. As per the inquest report, the cause of death is burn injuries.
6. Considering the aforesaid facts and circumstances of the case as well as the period of custody, the petitioner no. 1, namely, Urmila Devi, is directed to be enlarged on bail on furnishing bail-bond of Rs.20,000/- (Rupees Twenty Thousand) with two sureties of the like amount each to the satisfaction of
Patna High Court CR. MISC. No.47037 of 2025(4) dt.01-11-2025 3/3 learned Court concerned, Motihari, East Champaran in connection with Muffasil P.S. Case No. 45 of 2021.
7. The application for the petitioner no. 1, namely, Urmila Devi, stands allowed.
8. So far as, the petitioner no. 2, namely, Guljar Sahani, is concerned, considering the specific and heinous nature of allegation made against him in the case diary, I am not inclined to enlarge the petitioner no. 2, namely, Guljar Sahani, on bail.
9. Accordingly, the application regarding the petitioner no. 2 namely, Guljar Sahani stands rejected. (Chandra Prakash Singh, J) guddukr/- U T