Patna High Court
Manju deviversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- PURNENDU SINGH
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
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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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