Patna High Court
Pooja Devi @ Pooja KumariversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- AJIT KUMAR
Holding
The Court granted anticipatory bail to the petitioner as the allegations were general and no specific case was made out against her.
Summary
The petitioner, Pooja Devi, sought anticipatory bail fearing arrest in connection with FIR No. 223 of 2025 alleging murder of her sister-in-law, Kavita Devi. The prosecution alleged that the petitioner, as the wife of the brother‑in‑law, participated in the assault and killing, but the complaint was described as general and omnibus with no specific allegation against her. Senior counsel for the petitioner argued that she had no criminal antecedent, was not involved in day‑to‑day affairs of the deceased, and that the death appeared to be a suicide in a locked room. The State opposed the bail application. Considering the lack of specific incriminating material, the Court exercised its power under Section 438 of the CrPC and Section 482 of the Bhartiya Nagarik Suraksha Sanhita and granted anticipatory bail with standard conditions.
Issues considered
- Whether anticipatory bail can be granted when the allegations against the petitioner are general and lack specificity
- Whether the provisions of Section 438 CrPC and Section 482 Bhartiya Nagarik Suraksha Sanhita are applicable in the present case
Legislation cited
- Bharatiya Nyaya Sanhita, 2023 — s. 103(1), 3(5), 61(2)
- Bhartiya Nagarik Suraksha Sanhita — s. 482(2)
- Code of Criminal Procedure — s. 438(2)
Subjects
- anticipatory bail
- general allegations
- murder
- Bharatiya Nyaya Sanhita
- Section 438
- Section 482
- criminal procedure
- bail conditions
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.15670 of 2026
Arising Out of PS. Case No.-223 Year-2025 Thana- JALALPUR District- Saran
======================================================
Pooja Devi @ Pooja Kumari W/O Vikash Kumar Giri R/O Village- G.S.
Bangrara, P.S- Jalalpur, Dist.- Saran.
... ... Petitioner/s
Versus
The State of Bihar Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr.Praveen Prabhakar
For the Opposite Party/s : Mr.Rana Randhir Singh
======================================================
CORAM: HONOURABLE MR. JUSTICE AJIT KUMAR
ORAL ORDER
2 12-03-2026 Heard the learned counsel for the petitioner and
learned Additional Public Prosecutor for the State.
2. The petitioner is apprehending his arrest in
connection with Jalalpur P.S. Case No. 223 of 2025, F.I.R dated
06.10.2025 registered for the offences punishable under
Sections 103(1), 61(2) and 3(5) of the Bharatiya Nyaya Sanhita,
2023.
3. According to prosecution case, the sister of the
informant, Kavita Devi, was married to Rajesh Giri of village
G.S. Bangrara in the year 2012 according to Hindu rites and
rituals. On 05.10.2025 at about 8:38 A.M., the informant
received a phone call from his maternal niece informing him
that Kavita Devi had been killed by her in-laws, including the
petitioner, after assaulting her. When the informant contacted
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the family members of his sister, they allegedly abused and
avoided him. Later, his niece Nandita Kumari and nephew Aush
Kumar informed him that the accused persons had assaulted
their mother throughout the night and killed her by pressing her
neck, leading to the lodging of the FIR.
4. Senior counsel Sri Mahesh Narayan Parbat appears
for the petitioner and submits that allegations against this
petitioner is general and omnibus, and nothing specific is said to
have been alleged against this petitioner, and the petitioner is the
wife of the brother-in-law of the deceased and had no concern
with day-to-day affairs with the deceased. While the suicide was
committed in her bedroom, and her room was locked from
inside, and on having heard the noise in the family and
information received from the villagers, the petitioner and other
family members came to know about the incident, and for
ulterior reason, the entire family has been roped in. Senior
counsel further submits that today itself, by co-ordinate bench,
the regular bail of the mother-in-law has already been extended,
and the petitioner has no criminal antecedent and is in no way
connected with the incident.
5. Learned APP for the State opposes the prayer for
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anticipatory bail application.
6. Considering the facts that there is nothing specific
against this petitioner, who is said to be the wife of the brother-
in-law and allegations being general and omnibus. Accordingly,
this Court is inclined to grant the privilege of anticipatory bail to
the petitioner.
7. Let the petitioner, above named, in the event of
his/her arrest or surrender before the Court below within a
period of thirty days from the date of receipt of the order, be
released on bail on furnishing bail bond of Rs. 10,000/- (Ten
Thousand) with two sureties of the like amount each to the
satisfaction of the learned Judicial Magistrate 1 st Class, Saran,
Chapra in connection with Jalalpur P.S. Case No. 223 of 2025,
subject to the conditions as laid down under Section 438(2) of
the Code of Criminal Procedure / Section 482(2) of the Bhartiya
Nagarik Suraksha Sanhita and with other following conditions:-
(i) one of the bailors should be the family
member/relative of the petitioner(s) who shall provide official
document to show his/her bona fide;
(ii) the petitioner(s) shall appear on each and every
date before the Trial Court and failure to do so for two
consecutive dates without plausible reason will entail
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cancellation of his/her/their bail bond by the Trial Court itself;
(iii) the petitioner(s) shall in no way try to induce or
promise or threat the witnesses or tamper with the evidences,
failing which the State shall be at liberty to take steps for
cancellation of the bail bonds;
(iv) the petitioner(s) shall desist from committing any
criminal offence again, failing which the State shall be at liberty
to take steps for cancellation of their bail bonds.
(Ajit Kumar, J)
abhishekkr/-
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