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Patna High Court

Malti Devi @ Manti DeviversusThe State of Bihar

Decided
Disposal
BAIL REJECTED

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

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
                                            2/3




          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
                                                         3/3




                                    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/-

U      T


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