Shivani Devi @ Subham Devi v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.50936 of 2025 Arising Out of PS. Case No.-265 Year-2024 Thana- MUNGER MUFFASIL District- Munger ====================================================== Shivani Devi @ Subham Devi W/O Rampravesh Yadav Resident of VillageNandlatpur, P.S- Muffasil, Dist.- Munger. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Vibhakar Kumar, Adv.

For the Opposite Party/s :

Mr.Parmanand Kumar, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE RUDRA PRAKASH MISHRA ORAL ORDER 15-10-2025 Heard learned counsel for the petitioner and learned APP for the State. Perused the case diary.

2. The petitioner seeks bail in connection with Muffasil P.S. Case No. 265 of 2024 instituted for the offences under Sections 103/238/61(2) and 3(5) of the Bhartiya Nyaya Sanhita, 2023.

3. As per prosecution case, the accusation against the accused persons including the petitioner is of committing murder of the deceased/informant's son and throwing the body at the N.H.-333(B).

4. Learned counsel for the petitioner submits that the petitioner is innocent and has committed no offence as alleged against her and has falsely been implicated in the present case.

Patna High Court CR. MISC. No.50936 of 2025(3) dt.15-10-2025 2/3 He further submits that there is delay of two days in lodging the F.I.R. that too without there being any plausible explanation for the same which creates doubt in the veracity of the prosecution case. 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 nothing incriminating has been recovered from the conscious possession of the petitioner. The petitioner has no concern with the alleged occurrence as also with the deceased. The petitioner has no criminal antecedent and is languishing in judicial custody since 05.04.2025 without any rhymes or reason. Charge-sheet has been submitted against the petitioner.

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 is serious in nature.

6. Having heard rival contention of both the parties and considering the entire facts and circumstances of the case, period of custody of the petitioner as also taking into account the petitioner being lady having no criminal antecedent, let the petitioner, abovenamed, be released on bail on furnishing bail bonds of Rs.15,000/- (Rupees Fifteen Thousand) with two sureties of the like amount each to the satisfaction of Court

Patna High Court CR. MISC. No.50936 of 2025(3) dt.15-10-2025 3/3 below/concerned Court in connection with Muffasil P.S. Case No. 265 of 2024.

(Rudra Prakash Mishra, J) rishi/- U T