Patna High Court
Poonam DeviversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- SATYAVRAT VERMA
Holding
The Court granted anticipatory bail to the petitioner subject to conditions under Section 482(2) of the B.N.S.
Summary
The petitioner, Poonam Devi, applied for anticipatory bail anticipating arrest in a case registered under Sections 103(1), 238 and 3(5) of the B.N.S. concerning the murder of her husband. She alleged that the informant falsely implicated her, stating that the actual assailant was her brother-in‑law and that she was only present to clean the blood, which is a bailable offence. The State opposed the bail, arguing the seriousness of the charges. The Court, after considering the submissions, directed that she be released on bail upon furnishing a bail bond of Rs.10,000 with two sureties, subject to Section 482(2) of the B.N.S. and conditions of cooperation with the investigation. The order also warned that bail could be cancelled if she fails to cooperate. The application was therefore allowed.
Issues considered
- Whether anticipatory bail should be granted to the petitioner under Section 482(2) of the B.N.S. in a murder case.
- Whether the petitioner is likely to abscond or tamper with evidence.
- Whether the alleged act of cleaning blood constitutes a bailable offence.
Legislation cited
- B.N.S. — s. 103(1), 238, 3(5), 482(2)
Subjects
- anticipatory bail
- Section 482
- false implication
- murder
- bailable offence
- cooperation with investigation
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.13443 of 2026
Arising Out of PS. Case No.-50 Year-2025 Thana- BADHAILA District- Rohtas
======================================================
Poonam Devi Wife of Sri Shailesh Paswan Resident of Village, Post and PS
-Baghela Distt -Rohtas
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr.Sunil Kumar Singh No.10
For the Opposite Party/s : Mr.Murli Dhar
======================================================
CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA
ORAL ORDER
3 09-04-2026 1. Heard learned counsel for the petitioner and
learned APP for the State.
2. The petitioner seeks bail in anticipation of her
arrest in a case registered for the offences punishable under
Sections 103(1), 238 and 3(5) of the B.N.S.
3. The learned counsel for the petitioner submits that
the petitioner has antecedent of one case and is a woman and the
informant alleges that her husband on 12.03.2025 at 5.30 P.M.
came home from his shop, thereafter her elder brother came and
started abusing her husband and an altercation started, hence the
informant came out of the house hearing the noise when her
brother in-law brought a knife and stabbed her husband
indiscriminately and even stabbed on his neck and on alarm
villagers gathered and took her husband to the hospital where
Patna High Court CR. MISC. No.13443 of 2026(3) dt.09-04-2026
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doctors declared him dead. The informant thereafter came back
home and saw the petitioner cleaning the blood and thereafter
fled locking the door.
4. The learned counsel for the petitioner submits that
petitioner has been falsely implicated in the instant case by the
informant. It is next submitted that from perusal of the
allegation as alleged in the FIR, it would manifest that thrust of
the allegation of killing the husband of the informant is against
the husband of the instant petitioner who is owned brother of the
deceased. It is next submitted that the informant does not allege
that petitioner was also present at the place of occurrence when
the occurrence took place. It is next submitted that at best the
allegation is of cleaning the blood at the place of occurrence
which is a bailable offence. It is also submitted that petitioner
will not abscond rather will cooperate in the investigation to
prove her innocence.
5. Learned A.P.P. opposes the anticipatory bail
application.
6. Considering the submissions made by the learned
counsel for the petitioner, the petitioner, above-named, in the
event of her arrest or surrender before the learned Court below
within a period of six weeks, is directed to be released on bail
Patna High Court CR. MISC. No.13443 of 2026(3) dt.09-04-2026
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on her furnishing bail-bonds in the sum of Rs. 10,000/- (Rupees
Ten Thousand) with two sureties of the like amount each to the
satisfaction of the learned Trial Court where the case is
pending/successor Court in connection with Baghaila P. S. Case
No.50 of 2025, subject to the conditions laid down under
Section 482(2) of the B.N.S.S.
7. The application stands allowed.
8. However, it is made clear that in the event, if any
application is filed by the Investigating Officer before the
learned trial Court bringing to its notice that petitioner, despite
giving assurance to this Court, is not cooperating in the
investigation or is not presenting herself as and when required,
the learned trial Court shall be at liberty to cancel the bail bonds
of the petitioner after recording reasons.
9. Let a copy of this order be sent to the concerned
Police Station through the learned trial Court.
(Satyavrat Verma, J)
vikash/-
U T
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