Patna High Court
Malti Devi @ Manti DeviversusThe State of Bihar
- Decided
- Disposal
- BAIL REJECTED
- Bench
- ANSHUMAN
Holding
The Court rejected the petitioner's application for anticipatory bail, finding sufficient suspicion to deny bail.
Summary
The petitioner, Malti Devi, a 46‑year‑old woman, was named as one of four accused in a murder case (Case No. 50 of 2025) under Sections 103(1), 238 and 3(5) of the Bharatiya Nyaya Sanhita, 2023. The FIR alleges that the deceased, the sister‑in‑law of the petitioner, was murdered, although the prosecution initially claimed suicide by hanging. The petitioner applied for anticipatory bail, asserting her innocence, clean antecedents, and that she is merely the gotni of the deceased. The State opposed bail, highlighting inconsistencies at the death scene, such as a single ceiling‑fan hook with spider web and dust‑laden blades, suggesting a fabricated suicide. The High Court examined the Sessions Judge’s observations and, finding strong suspicion against the petitioner, declined to grant anticipatory bail.
Issues considered
- Whether anticipatory bail can be granted to the petitioner given the suspicion of involvement in the alleged murder
- Whether the circumstances of the death justify denial of bail under the Bharatiya Nyaya Sanhita, 2023
Legislation cited
- Bharatiya Nyaya Sanhita, 2023 — s. 103(1), 238, 3(5)
Subjects
- anticipatory bail
- murder
- suicide
- Bharatiya Nyaya Sanhita
- criminal procedure
- bail denial
- suspicion
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.12374 of 2026
Arising Out of PS. Case No.-50 Year-2025 Thana- AMNAUR District- Saran
======================================================
Malti Devi @ Manti Devi wife of Awadhesh Mahto R/o Village- Lachhi
Kaituka P.S. -Amnour District -Saran at Chapra
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Avinash Kumar Pandey, Advocate
For the Opposite Party/s : Mr. Rana Randhir Singh, A.P.P
======================================================
CORAM: HONOURABLE MR. JUSTICE DR. ANSHUMAN
ORAL ORDER
2 12-03-2026 Heard learned counsel for the petitioner and learned
A.P.P for the State.
2. The petitioner is apprehending arrest in connection
with Amnour P.S. Case No. 50 of 2025 lodged on 04.03.2025,
for the offence punishable under Sections 103(1), 238 & 3(5) of
the Bharatiya Nyaya Sanhita, 2023, pending in the Court of
Judicial Magistrate 1st Class, Saran at Chapra.
3. As per the prosecution, FIR has been lodged against
4 named accused persons including the present petitioner. It has
been stated in the FIR that the informant’s sister had gone to her
sasural for attending the marriage ceremony, but when after two
days, there was no contact of the informant with his sister, then
he went to his sister’s sasural and all the accused persons
informed him that his sister has committed suicide and that they
Patna High Court CR. MISC. No.12374 of 2026(2) dt.12-03-2026
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have also performed the last rituals after the death. The
informant has alleged in the FIR that his sister has been
murdered by the accused persons.
4. Learned counsel for the petitioner submits that the
petitioner is innocent and has committed no offence. Counsel
submits that the petitioner is a lady aged about 46 years. He
submits that the husband of the deceased is residing outside the
country (South Africa). He submits that the informant’s sister
visited to her sasural to attend marriage. Counsel submits that
the petitioner has clean antecedent and she has been made
accused in this case unnecessarily, as she is the gotni of the
deceased.
5. Learned APP for the State, on the other hand,
opposes the prayer for bail of the petitioner and submits that in
the rejection order, the Sessions Judge has acknowledged and
discussed the entire situation which creates strong suspicion
against the petitioner, as the death has alleged to be caused by
hanging, but in the room, there was only one hook in the ceiling
fan and the fan in the said hook (ceiling) was still having web of
spider and all the blades of the fan were loaded with dust
suggesting prima facie falsification of the defence of the
accused persons about suicide by the deceased.
Patna High Court CR. MISC. No.12374 of 2026(2) dt.12-03-2026
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6. In the present facts and circumstances, this Court
upon going through the observations made by the Sessions
Judge is not inclined to grant bail to the petitioner. Accordingly,
the prayer for anticipatory bail of the petitioner is hereby
rejected.
(Dr. Anshuman, J)
Divyansh/-
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