Patna High Court
Sunita DeviversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- AJIT KUMAR
Holding
The Court held that anticipatory bail should be granted as the petitioner’s involvement was alleged only on suspicion and no substantive evidence was presented.
Summary
Sunita Devi sought anticipatory bail fearing arrest in a 2012 murder case (PS No.168) alleging she, along with co‑accused, killed the son of informant Jawahir Manjhi under IPC sections 302, 201 and 34. The prosecution’s case rested on the claim of an illicit relationship between the deceased and the petitioner, but no eyewitness testimony or concrete evidence was presented. The petitioner argued that the FIR merely reflected suspicion, that neither the deceased’s wife nor her own husband complained of any such relationship, and that she had a clean antecedent. The State opposed bail, asserting her involvement. The Court, noting the lack of substantive evidence and the precedent of bail granted to a similarly situated co‑accused, exercised its power under Section 482(2) of the BNSS to grant anticipatory bail with specific conditions. The order directed that she be released on bail if arrested or surrendered within six weeks, subject to a bond and sureties.
Issues considered
- Whether anticipatory bail can be granted when the accusation is based solely on suspicion without eyewitness evidence.
- Whether the allegations of an illicit relationship, uncorroborated by complaints from the spouses, justify denial of bail.
Legislation cited
- Indian Penal Code — s. 201, 302, 34
Subjects
- anticipatory bail
- murder
- IPC
- suspicion
- Section 482
- bail conditions
- criminal procedure
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.11507 of 2026
Arising Out of PS. Case No.-168 Year-2012 Thana- NAUBATPUR District- Patna
======================================================
Sunita Devi Wife of Mukesh Manjhi Resident of Village- Bahuara, Ps-
Naubatpur, Dist- Patna
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr.Ajit Kumar, Advocate
For the Opposite Party/s : Mr.Jagdhar Prasad, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE AJIT KUMAR
ORAL ORDER
3 01-04-2026 Heard learned counsel for the petitioner and learned
APP for the State.
2. The petitioner is apprehending her arrest in
connection with Naubatpur P.S. Case No. 168 of 2012 for the
offence punishable under sections 302/201/34 of IPC lodged on
08.07.2012 by the informant, Jawahir Manjhi.
3. As per the prosecution case, the dead body of the
informant’s son was recovered from the bank of river Punpun. It
has further been alleged that the informant’s son had illicit
relationship with the petitioner, due to which, his murder has
been committed by the petitioner and two other co-accused
persons. Accordingly, the FIR.
4. Learned counsel for the petitioner submits that
from the First Information Report itself, it is evident that the
petitioner has been implicated in this case only on the basis of
Patna High Court CR. MISC. No.11507 of 2026(3) dt.01-04-2026
2/4
suspicion while nothing specific has surfaced against this
petitioner which shows the involvement of the petitioner in the
commission of the offence as alleged. It has next been submitted
that insofar as the allegation of illicit relationship between the
deceased and petitioner is concerned, neither the wife of the
deceased nor the husband of the petitioner has ever raised any
complaint that such relations are being maintained between the
petitioner and the deceased. Petitioner has got clean antecedent.
For similar allegation, one another co-accused, who is father-in-
law of the petitioner, has been granted regular bail by a Co-
ordinate Bench of this Court vide order dated 29.05.2013 in Cr.
Misc. No. 7488 of 2013.
5. Learned APP vehemently opposes the prayer for
anticipatory bail by submitting that the whole scenario clearly
points out the finger towards the accomplicement of this
petitioner.
6. Considering the submissions of the parties and the
fact that this petitioner has been implicated in this case only on
the basis of suspicion which is evident from the FIR itself, there
is no eyewitness of the occurrence and insofar as the allegation
of illicit relationship is concerned, neither the wife of the
deceased nor the husband of the petitioner has ever raised any
Patna High Court CR. MISC. No.11507 of 2026(3) dt.01-04-2026
3/4
complaint that such relations are being maintained between
them and the fact that similarly situated co-accused, as stated
above, has been granted regular bail by the co-ordinate Bench of
this Court way back in the year, 2013 itself, this Court is
inclined to extend her the privilege of anticipatory bail.
7. Let the petitioner, above named, be released on
bail in the event of arrest or surrender within a period of six
weeks from the receipt of this order, on furnishing bail bond of
Rs. 10,000/- (Ten thousand) with two sureties of like amount
each to the satisfaction of learned Additional Chief Judicial
Magistrate-II, Danapur, District-Patna in connection with
aforesaid PS Case, subject to the conditions as laid down under
Section 482(2) of the BNSS as well as the following
conditions:-
(i) one of the bailors should be the
family member/relative of the petitioner(s)
who shall provide official document to show
his/her bona fide;
(ii) the petitioner(s) shall appear
on each and every date before the Trial
Court and failure to do so for two
consecutive dates without plausible reason
will entail cancellation of his/their bail bond
by the Trial Court itself;
(iii) the petitioner(s) shall in no
Patna High Court CR. MISC. No.11507 of 2026(3) dt.01-04-2026
4/4
way try to induce or promise or threat the
witnesses or tamper with the evidences,
failing which the State shall be at liberty to
take steps for cancellation of the bail bonds;
(iv) the petitioner(s) shall desist
from committing any criminal offence again,
failing which the State shall be at liberty to
take steps for cancellation of his/their bail
bonds.
(Ajit Kumar, J)
perwez
U T
Checking your session…