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Patna High Court

Pooja Devi @ Pooja KumariversusThe State of Bihar

Decided
Disposal
BAIL GRANTED

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

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
Patna High Court CR. MISC. No.15670 of 2026(2) dt.12-03-2026
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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
Patna High Court CR. MISC. No.15670 of 2026(2) dt.12-03-2026
                                            3/4




          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
           Patna High Court CR. MISC. No.15670 of 2026(2) dt.12-03-2026
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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/-

U      T


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