Gayatri Devi v. The State of Bihar

Patna HC16 Apr 2025CR. MISC./5066/2025

Case brief

AI extract

What is this about?

Patna High Court, CRIMINAL MISCELLANEOUS No.5066 of 2025, decided 16-04-2025, Justice Rudra Prakash Mishra — regular bail granted; Khizersarai P.S. Case No. 302 of 2024, District Gaya; offences under Sections 108, 238, 85, 3(5) of the Bhartiya Nyaya Sanhita, 2023; accusation of instigating victim's suicide by hanging via torture and assault; general and omnibus allegation, no specific overt act; female petitioner, mother of deceased; custody since 08.10.2024 per counsel; bail bond Rs.10,000/- with two like sureties; case diary of Cr. Misc. No. 3041 of 2025 perused.

What did the court decide?

Petitioner released on bail on furnishing bail bonds of Rs.10,000/- with two sureties of the like amount each, to the satisfaction of the Court below/concerned Court, in connection with Khizersarai P.S. Case No. 302 of 2024. ¶¶22

Gayatri Devi Vs The State of Bihar — Patna HC (2025) — LawSathi Research

What the court decided

AI extract

Outcome

¶¶22

Issue for consideration

Whether the petitioner, accused of offences under Sections 108, 238, 85, 3(5) of the Bhartiya Nyaya Sanhita, 2023 in Khizersarai P.S. Case No. 302 of 2024, should be released on bail.

¶¶14

Ratio / Principle

Granting bail, the Court took into account the period of custody, the absence of any specific and direct allegation against the petitioner, and that the petitioner is a lady.

¶¶22

Key takeaways

The petitioner was ordered to be released on bail on furnishing bail bonds of Rs.10,000/- (Ten thousand) with two sureties of the like amount each, to the satisfaction of the Court below/concerned Court, in connection with Khizersarai P.S. Case No. 302 of 2024.ratio¶¶22

Detailed headnote1 paragraphs

Bail — granted. Gayatri Devi, stated by counsel to be the mother of the victim (deceased), sought bail in Khizersarai P.S. Case No. 302 of 2024 (District Gaya) for offences under Sections 108, 238, 85, 3(5) of the Bhartiya Nyaya Sanhita, 2023, the accusation being that she instigated the deceased to commit suicide by hanging by way of torture and assault. Counsel contended there was no specific or direct allegation of any overt act against her, the allegation being general and omnibus, and that she had been in judicial custody since 08.10.2024 with no criminal antecedent. The State opposed, pointing to witness statements in Paras 5 & 6 of the case diary, the Informant's supportive re-statement, cremation of the body without informing police, and her naming in the F.I.R. Considering the period of custody, the absence of specific and direct allegations, and that the petitioner is a lady, the Court released her on bail on furnishing bonds of Rs.10,000/- (Ten thousand) with two sureties of the like amount each. (Rudra Prakash Mishra, J; oral order dated 16-04-2025.)

¶1

IN THE HIGH COURT OF JUDICATURE AT PATNA CRIMINAL MISCELLANEOUS No.5066 of 2025

¶2

Arising Out of PS. Case No.-302 Year-2024 Thana- KHIJARSARAI District- Gaya

¶3

======================================================

¶4

Gayatri Devi W/O Subodh Sharma @ Subodh Kumar R/O Village- Uchauli, P.S- Khizersarai, Distt.- Gaya.

... ... Petitioner/s

Versus

The State of Bihar

... ... Opposite Party/s

¶9

====================================================== Appearance : For the Petitioner/s : Mr. Aryan Singh, Adv. For the Opposite Party/s : Mr. Umesh Lal Verma, APP ======================================================

¶10

CORAM: HONOURABLE MR. JUSTICE RUDRA PRAKASH MISHRA

¶11

ORAL ORDER

¶12

3 16-04-2025

¶13

Heard learned counsel for the petitioner and learned APP for the State. Perused the case diary called for in Cr. Misc. No. 3041 of 2025.

¶14

The petitioner seeks bail in connection with Khizersarai P.S. Case No. 302 of 2024 instituted for the offences under Sections 108, 238, 85, 3(5) of the Bhartiya Nyaya Sanhita, 2023.

¶15

As per prosecution case, the accusation against the petitioner is of instigating the victim deceased by way of torturing and assaulting the deceased which led to commit suicide by hanging.

¶16

Learned counsel for the petitioner submits that the petitioner is innocent and has committed no offence as alleged

¶17

Patna High Court CR. MISC. No.5066 of 2025(3) dt.16-04-2025 2/3

¶18

against her and has falsely been implicated in the present case. The petitioner is the mother of the victim (deceased). 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 not a single evidence of any overt act has come against the petitioner in the entire record of the case suggesting her complicity in the alleged offence. The petitioner has no concern with the alleged occurrence. The petitioner has no criminal antecedent and is languishing in judicial custody since 08.10.2024 without any rhymes or reason.

¶19

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 against the petitioner of causing death of Informant’s husband is serious in nature. He further submits that the dead-body of the deceased was cremated without informing to the police. The witnesses in Para 5 & 6 of the case diary have supported the prosecution case. The Informant in the re-statement has also supported the prosecution case. The petitioner is named in the F.I.R. and, hence, he does not deserve bail.

¶20

Having heard rival contention of both the parties and considering the entire facts and circumstances of the case

¶21

Patna High Court CR. MISC. No.5066 of 2025(3) dt.16-04-2025 3/3

¶22

and taking into account the period of custody of the petitioner, there being no specific and direct allegation against the petitioner as also the petitioner being lady, let the petitioner, abovenamed, be released on bail on furnishing bail bonds of Rs.10,000/- (Ten thousand) with two sureties of the like amount each to the satisfaction of Court below/concerned Court in connection with Khizersarai P.S. Case No. 302 of 2024.

¶23

(Rudra Prakash Mishra, J)

¶24

rishi/-

¶25

U T

Gayatri Devi v. The State of Bihar

Case brief

What is this about?

What did the court decide?

Gayatri Devi v. The State of Bihar

Case brief

What is this about?

What did the court decide?

Why is it important?

What the court decided

Issues for consideration

Statutes considered

Procedural history

Parties & counsel

Coram

Case details

Similar cases

Chhotu Kumar Vs The State of Bihar

Suraj Prasad Yadav @ Suraj Kumar @ Suraj Prasad @ Suraj Yadav Vs The State of Bihar

Rabindra Bind @ Chhotelal Bind Vs The State of Bihar

Md. Jalaluddin Vs The State of Bihar

Raja Kumar Vs The State of Bihar

Subodh Sharma @ Subodh Kumar Vs The State of Bihar