Arti Devi v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.61063 of 2025 Arising Out of PS. Case No.-31 Year-2025 Thana- THAWE District- Gopalganj ====================================================== Arti Devi W/O Sunil Singh Resident Of Village - Jagdishpur, PS- Thawe, District- Gopalganj ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr. Indrajeet Bhushan For the Opposite Party/s :
Mr. Tarun Prasad Mandal ====================================================== CORAM: HONOURABLE MR. JUSTICE CHANDRA SHEKHAR JHA ORAL ORDER 09-10-2025 Heard the parties.
2. The petitioner seeks bail in connection with Thawe P.S. Case No. 31 of 2025 registered for the offence under Sections 61(2), 103, 238 of BNS.
3. The petitioner is named in the F.I.R. and is in custody since 27.06.2025.
4. As per FIR, petitioner alongwith other accused persons killed twin daughter of the informant aged about 5 years by filling soil in their mouth.
5. Learned counsel appearing on behalf of the petitioner submitted that though informant projected herself to be an eye witness of the occurrence but upon careful perusal of FIR, it appears that she raised alarm to call co-villagers after
Patna High Court CR. MISC. No.61063 of 2025(3) dt.09-10-2025 2/3 seeing the dead body of her daughters. As per FIR, she came near to the dead body of her daughters after fleeing of accused persons from the place of occurrence, she found both of them dead. Beside aforesaid, it is submitted that inquest report of both deceased daughters was prepared much earlier then FIR. It is submitted that other co-accused person namely Munnilal Singh was in inimical term with family of informant for which Thawe P.S. Case No. 289 of 2024 was lodged. It is submitted that considering overall aspect of this case and enmities, learned co-ordinate Bench of this Court granted bail to one of the coaccused namely Munnilal Singh through Cr. Misc No. 40084 of 2025 dated 24.09.
2025 and also one learned co-ordinate Bench of this Court granted bail to similarly situated co-accused persons namely Sudama Devi and Malti Devi through Cr. Misc No. 38019 of 2025 dated 08.08.2025. While concluding the argument, it is submitted that petitioner is a lady of clean antecedent and moreover, investigation of this case is completed, for which charge-sheet has been submitted, as such, there is no chance of tampering with the evidence.
6. Learned APP duly assisted by learned counsel for the informant while opposing the prayer of bail submitted that
Patna High Court CR. MISC. No.61063 of 2025(3) dt.09-10-2025 3/3 the allegation of collective fatal assault is available against this petitioner, however, he could not disputed that similarly situated co-accused persons has already granted bail by different coordinate Benches of this Court.
7. In view of aforesaid factual submission and by taking note of fact as similarly situated co-accused persons has already granted bail by different co-ordinate Benches of this Court, coupled with fact that investigation of this case already completed where petitioner being lady of clean antecedent remains in custody since 27.06.2025, accordingly petitioner above named, is directed to be released on bail in connection with Thawe P.S. Case No. 31 of 2025 on furnishing bail bond of Rs.10,000/- (Rupees Ten Thousand) with two sureties of the like amount each to the satisfaction of learned CJM, Gopalganj/concerned court, subject to the conditions as mentioned under Section 437(3) of the Cr.P.C/ Section 480(3) of BNSS.
(Chandra Shekhar Jha, J) Sudha/- U T