Mamta Devi v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.68874 of 2025 Arising Out of PS. Case No.-341 Year-2025 Thana- BIDUPUR District- Vaishali ====================================================== 1.
Mamta Devi W/o - Amod Kumar Pandit R/v- Daudnagar, W.No-3, PsBidupur Dist- Vaishali 2.
Amod Kumar Pandit S/o- Ramdas Pandit R/v- Daudnagar, W.No-3, PsBidupur Dist- Vaishali ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioners :
Mr. Akash Kumar Mishra, Advocate For the State :
Mr. Shailendra Kumar Singh, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH ORAL ORDER 19-12-2025 Heard learned counsel for the petitioners and learned A.P.P. for the State.
2. The petitioners seeks bail in a case registered for the offence punishable under Sections 103 and 3(5) of the B.N.S..
3. As per prosecution case, Petitioner No. 1, along with other accused persons, caught legs of husband of informant and Petitioner No. 2 assaulted on the head of husband of informant with iron rod as a result of which, during course of treatment, husband of informant died.
4. It is submitted by learned counsel for the petitioners that petitioners are quite innocent and have committed no
Patna High Court CR. MISC. No.68874 of 2025(3) dt.19-12-2025 2/3 offence. As a matter of fact, Petitioner No. 2 is brother of the deceased and only with a view to grab the ancestral property, petitioners have falsely been implicated in this case. There is absolutely no allegation of assault or any other overt act against Petitioner No. 1 and she is only alleged to have caught hold of legs of informant. Moreover, charge-sheet has already been submitted and Petitioner No. 1 is in custody since 17.05.2025 and Petitioner No. 2 is in custody since 18.05.2025. Petitioners claim clean antecedents.
5. Learned A.P.P. for the State has vehemently opposed the prayer for grant of bail to the petitioners and submitted that petitioners are named in the F.I.R. with specific accusation that they, along with other accused persons, assaulted husband of informant as a result of which, he died during course of treatment. As per post mortem report, cause of death is due to shock and hemorrhage due to injury caused by hard and blunt object on the head.
6. Considering the facts and circumstances of the case, specific and direct nature of accusation and gravity of offence, the prayer for grant bail of to Petitioner No. 2 is rejected.
Patna High Court CR. MISC. No.68874 of 2025(3) dt.19-12-2025 3/3
7. So far as Petitioner No. 1 is concerned, considering the facts and circumstances of the case, general and omnibus nature of accusation, fact that Petitioner No. 1 is not the assailant of the deceased, clean antecedents and period of custody, the prayer for grant bail of to Petitioner No. 1 is allowed.
8. Accordingly, let the above named Petitioner No. 1 be released on bail on furnishing bail-bond of Rs. 10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of learned Judicial Magistrate-1st, Vaishali, Hajipur in connection with Bidupur P.S. Case No. 341 of 2025.
9. With the aforesaid directions, this application stands disposed of.
(Prabhat Kumar Singh, J) shashank/- U T