Patna High Court
Jonha DeviversusThe State of Bihar
- Decided
- Disposal
- ALLOWED
- Bench
- ASHOK KUMAR PANDEY
Holding
The petitioner is entitled to bail in the present case.
Summary
Jonha Devi applied for bail in a criminal case (PS Isuapur Case No. 193 of 2025) alleging her involvement in the death of Sulekha Kumari, the informant's daughter. The prosecution alleged that the deceased was killed by Rajan Manjhi and his family, while the petitioner claimed innocence, asserting that the deceased had married Rajan, later committed suicide by hanging, and that the post‑mortem showed only a hyoid bone fracture. The petitioner highlighted lack of criminal antecedents and that she had been in judicial custody since 23‑11‑2025. The informant’s counsel argued that the petitioner could not satisfactorily explain the death, implying culpability. After hearing both sides, the court found the evidence insufficient to deny bail and ordered the petitioner to be released on bail with a bond of Rs 10,000 and two sureties.
Issues considered
- Whether bail should be granted to the petitioner in a case involving alleged murder under Sections 87, 103(2) and 3(5) of the B.N.S., 2023.
- Whether the petitioner poses a flight risk or threat to the investigation.
- Whether the evidence presented, including the post‑mortem report, justifies denial of bail.
Legislation cited
- B.N.S., 2023 — s. 103(2), 108, 3(5), 87
Subjects
- bail
- criminal procedure
- murder
- presumption of innocence
- chargesheet
- postmortem
- hyoid bone fracture
- judicial custody
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.11060 of 2026
Arising Out of PS. Case No.-193 Year-2025 Thana- ISUAPUR District- Saran
======================================================
Jonha Devi W/O Late Jagdish Manjhi R/O Vill- Usarikala, P.S- Isuapur, Dist-
Saran- 841443
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Jeetendra Narayan, Advocate
For the Informant : Mr. Avinash Kumar Pandey, Advocate
Mr. Aashish Kumar, Advocate
Ms. Akanksha Kumari, Advocate
For the Opposite Party/s : Mr. Arun Kumar Pandey, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE ASHOK KUMAR PANDEY
ORAL ORDER
3 09-04-2026 Heard learned counsel for the petitioner, learned
counsel for the informant and learned APP for the State.
2. The petitioner has prayed for bail in connection
with Ishuapur P.S. Case No. 193 of 2025 registered for the
offence punishable under Sections 87, 103(2), 3(5) of the
B.N.S., 2023.
3. The case of the prosecution, in short, is that the
daughter of the informant, aged about 19 years, namely, Sulekha
Kumari has fled from the house and after that she could not be
contacted. On 22.11.2025, the informant received information
that his daughter had been killed by Rajan Manjhi and his
family members.
Patna High Court CR. MISC. No.11060 of 2026(3) dt.09-04-2026
2/3
4. Learned counsel appearing on behalf of the
petitioner has submitted that petitioner is innocent and has
committed no offence. She has been falsely implicated in this
case. He also submits that actually Rajan Manjhi and the
deceased have solemnized a marriage. There was a dispute
between the couple and the mother of Rajan Manjhi, due to
which they were living in a rented house. After the conciliation
of the dispute, they have come to the house of their mother,
where she has committed suicide. He also submits that from
perusal of the postmortem report also, it transpires that the
doctor conducting the autopsy of the deceased has found a hyoid
bone fracture, no other injury on the body, and the cause of
death is asphyxia due to hanging. He further submits that in this
case, police have submitted a chargesheet under Section 108 of
the BNS, and the learned trial court has also taken cognizance in
the same section. Moreover, a statement has been made in para
3 of the petition that petitioner has no criminal antecedent and
she is languishing in judicial custody since 23.11.2025.
5. The application for bail is vehemently opposed by
the learned counsel for the informant and the learned APP for
the State. Learned counsel for the informant submits that it is
not a fact that the deceased had solemnized marriage, but this
Patna High Court CR. MISC. No.11060 of 2026(3) dt.09-04-2026
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much is admitted that the deceased was living at the house
where the petitioner and Rajan Manjhi were living. He further
submits that while police raided the house, the petitioner could
not give a satisfactory answer regarding the death of the
deceased. This shows her involvement.
6. Having heard learned counsel for the parties and
considering the facts and circumstances of the case, this Court is
inclined to enlarge the petitioner on bail. The above named
petitioner is directed to be enlarged on bail on furnishing bail
bond of Rs. 10,000/- (Rs. ten thousand only) with two sureties
of the like amount each to the satisfaction of the learned Judicial
Magistrate, 1st Class, Saran at Chapra in connection with
Ishuapur P.S. Case No. 193 of 2025.
(Ashok Kumar Pandey, J)
Sudhanshu/-
U T
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