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Patna High Court

Manju deviversusThe State of Bihar

Decided
Disposal
BAIL GRANTED

Holding

The court held that the petitioners are entitled to pre‑arrest bail as they have made out a prima facie case.

Summary

The petitioners, Manju Devi and Kandev Rai, sought pre‑arrest bail in a murder case (Pakridayal P.S. Case No. 413 of 2025) where they were alleged under Sections 80, 103(1) and 3(5) of the BNS. They claimed to be innocent mother‑in‑law and father‑in‑law of the deceased, asserting that the specific allegation was against the sister‑in‑law of the victim and that the charge against them was general and omnibus. The State opposed the bail. The court, after reviewing the FIR and post‑mortem report indicating asphyxia, found the allegations against the petitioners to be general and prima facie insufficient to deny bail. Consequently, the court ordered their release on pre‑arrest bail subject to a Rs 10,000 bond with two sureties and conditions under Section 438(2) Cr.P.C/482(2) BNSS. The district court was directed to verify any other criminal antecedents, and the bail application was disposed of.

Issues considered

  • Whether pre‑arrest bail can be granted in a murder case where the allegation against the accused is general and omnibus.
  • Whether the petitioners have made out a prima facie case for bail under Sections 80, 103(1) and 3(5) of the BNS.
  • What conditions under Section 438(2) Cr.P.C/482(2) BNSS apply to the grant of pre‑arrest bail.

Legislation cited

Subjects

  • pre‑arrest bail
  • murder
  • BNS
  • Criminal Procedure Code
  • prima facie
  • general and omnibus allegation
  • surety

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.15178 of 2026
                 Arising Out of PS. Case No.-413 Year-2025 Thana- PAKRIDAYAL District- East Champaran
                 ======================================================
           1.     Manju Devi, wife of Kandev Rai @ Kandev Prasad Yadav Resident of
                  Village - Majhar, P.S.- Pakaridayal, Dist. - East Champaran.
           2.    Kandev Rai @ Kandev Prasad Yadav Son of Late Lakhan Yadav Resident of
                 Village - Majhar, P.S.- Pakaridayal, Dist. - East Champaran.

                                                                                  ... ... Petitioner/s
                                                       Versus
                 The State of Bihar

                                                        ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :       Mr.Hemant Ray, Advocate.
                 For the Opposite Party/s :       Mrs.Asha Kumari, APP.
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE PURNENDU SINGH
                                       ORAL ORDER

2   25-03-2026                      Heard learned counsel appearing on behalf of the

                   petitioners and learned APP for the State.

                                2. The petitioners seek pre-arrest bail in connection

                   with Pakridayal P.S. Case No. 413 of 2025 registered for the

                   offence punishable under Sections 80, 103(1) and 3(5) of the

                   BNS.

                                3. As per the allegation made in the F.I.R., all the

                   accused persons including the petitioners have committed

                   murder of the daughter of the informant.

                                4. Learned counsel appearing on behalf of the

                   petitioners submitted that the petitioners are mother-in-law and

                   father-in-law of the deceased. They are innocent and they have
Patna High Court CR. MISC. No.15178 of 2026(2) dt.25-03-2026
                                            2/3




          falsely been implicated in the case. They are living separately

          and they have no concern with the affairs of the deceased and

          her husband. Specific allegation is against the gotni (sister-in-

          law) of the deceased. The allegation levelled against the

          petitioners is general and omnibus. The petitioners have clean

          antecedent.

                       5. Learned APP for the State has vehemently opposed

          the prayer for grant of pre-arrest bail to the petitioners.

                       6. Having heard the rival submissions made on behalf

          of the parties, as well as, having perused the allegation made in

          the F.I.R, it appears that the deceased used to complain that the

          Meghnath and his wife used to quarrel with her and the

          petitioners supported them, post mortem report reveals that the

          death has been caused due to asphyxia. Considering the nature

          of allegation made against the petitioners to be general and

          omnibus and the specific allegation is against the gotni (sister-

          in-law) of the deceased, I find that the petitioners have, prima

          facie, made out a case to be released on pre-arrest bail.

                       7. The petitioners, above named, are directed to be

          released on pre-arrest bail, in the event of their arrest or

          surrender before the Court below within a period of four weeks

          from today, on furnishing bail bond of Rs. 10,000/- (Ten
           Patna High Court CR. MISC. No.15178 of 2026(2) dt.25-03-2026
                                                       3/3




                     thousand) with two sureties of the like amount each to the

                     satisfaction of learned Additional Chief Judicial Magistrate, East

                     Champaran, Motihari in connection with Pakaridayal P.S. Case

                     No. 413 of 2025, subject to the condition as laid down under

                     Section 438(2) Cr.P.C / 482(2) BNSS.

                                  8. The District Court is directed to verify the criminal

                     antecedent of the petitioners and if it is found that the petitioners

                     are involved in some other cases as what has been stated in

                     Para-3 of the bail petition, this order will automatically lose its

                     force.

                                  9. The bail application stands disposed of.



                                                             (Purnendu Singh, J)
mantreshwar/-

U      T


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