Samauti Devi Vs The State of Bihar

====================================================== Appearance : For the Petitioner/s : Mr. Ashwani Kumar Tiwary, Advocate For the Opposite Party/s : Mr. Sunil Kumar Pandey, APP ======================================================

¶10

CORAM: HONOURABLE MR. JUSTICE RAJESH KUMAR VERMA ORAL ORDER

¶11

2 30-01-2026

¶12

Heard Mr. Ashwani Kumar Tiwary, learned counsel

¶13

for the petitioner as well as Mr. Sunil Kumar Pandey, learned Additional Public Prosecutor for the State.

¶14

Petitioner seeks bail who is in custody since 19.10.2025 in connection with Nauhatta P.S. Case No. 101 of 2025, F.I.R. dated 11.04.2025 for the offences punishable under Sections 191(2), 190, 103(1) of the Bharatiya Nyay Sanhita, 2023 and under Section ¾ bihar Witch (Daain) Practices Act, 1999.

¶15

According to prosecution case, the informant alleged that the petitioners along with other co-accused persons killed his wife, namely, Kismi Devi by throlling.

¶16

Learned counsel for the petitioner submits that petitioner has clean antecedent and she has falsely been

¶17

Patna High Court CR. MISC. No.6533 of 2026(2) dt.30-01-2026 2/3

¶18

implicated in the present case. From bare perusal of the FIR, it appears that there is no specific assault or overt act against the petitioner rather the allegation levelled against her is general and omnibus and the similarly situated co-accused persons, namely, Raghunath Uraon and others have been granted privilege of anticipatory bail by this Court vide order dated 08.09.2025 in Cr. Misc. No.60726 of 2025 and another coaccused person, namely, Manoj Uraon has been granted regular bail by the co-ordinate Bench of this Court vide order dated 09.09.2025 passed in Cr. Misc. No. 60892 of 2025 and police after investigation has submitted charge-sheet against the petitioner. The petitioner is in custody since 19.10.2025.

¶19

Learned Additional Public Prosecutor has vehemently opposed the prayer for bail of the petitioner.

¶20

Considering the aforesaid facts and circumstances, petitioner has clean antecedent and there is no specific allegation of assault or overt act against her and similarly situated co-accused persons have been granted bail by this Court/co-ordinate Bench of this Court, let the petitioner, above named, 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 the learned J.M.F.C., Dehri, Rohtas in

¶21

Patna High Court CR. MISC. No.6533 of 2026(2) dt.30-01-2026 3/3

¶22

connection with Nauhatta P.S. Case No. 101 of 2025, subject to the following conditions:-

¶23

i. Petitioner shall co-operate in the trial and shall be properly represented on each and every date fixed by the court and shall remain physically present as directed by the court and on her absence on two consecutive dates without sufficient reason, his bail bond shall be cancelled by the Court below.

¶24

ii. If the petitioner tampers with the evidence or the witnesses, in that case, the prosecution will be at liberty to move for cancellation of bail.

¶25

iii. And further condition that the court below shall verify the criminal antecedent of the petitioner and in case at any stage it is found that the petitioner has concealed her criminal antecedent, the court below shall take step for cancellation of bail bond of the petitioner. However, the acceptance of bail bonds in terms of the above-mentioned order shall not be delayed for purpose of or in the name of verification.

¶26

(Rajesh Kumar Verma, J)

¶27

Suruchi/-

¶28

U T

Samauti Devi v. The State of Bihar

Case brief

What is this about?

What did the court decide?

Samauti 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

Cases cited

Statutes considered

Procedural history

Parties & counsel

Coram

Case details

Similar cases

Satyam Yadav @ Satyam Kumar Vs The State of Bihar

Raushan Kumar Vs The State of Bihar

Manoj Kumar @ Saroj Kumar Vs The State of Bihar

Shiv Nandan Yadav@ Chutra Vs The State of Bihar

Sujit Kumar Vs The State of Bihar

Anshu Kumar @ Aman Kumar Vs The State of Bihar