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Patna High Court

Manish KumarversusThe State of Bihar

Decided
Disposal
ALLOWED

Holding

The Court allowed the anticipatory bail application, directing the petitioners to surrender and be released on bail with conditions.

Summary

The petitioners, who are in‑laws of the deceased Indu Devi, filed an anticipatory bail application fearing arrest in a murder case (Bihta P.S. Case No. 117 of 2025) under Sections 108 and 3(5) of the BNS. The prosecution alleged that Indu Devi was found dead after allegedly being assaulted and that she had consumed poison, implicating the petitioners. The petitioners contended that the deceased voluntarily ingested poison, there was no foul play, and they have no criminal antecedent, while the State opposed bail. After hearing both sides, the Court considered the circumstances and the lack of direct evidence against the petitioners. The Court ordered that the petitioners surrender within four weeks and, upon doing so, be released on bail upon furnishing a bond of Rs. 10,000 each with two sureties, subject to conditions under Section 482(2) of the BNSS. Consequently, the anticipatory bail application was allowed.

Issues considered

  • Whether anticipatory bail should be granted to the petitioners under the circumstances of the murder case
  • Whether the petitioners have sufficient grounds to claim they are not culpable in the death of Indu Devi

Legislation cited

  • BNS — s. 108, 3(5)
  • BNSS — s. 482(2)

Subjects

  • anticipatory bail
  • murder
  • poisoning
  • Section 108
  • Section 3(5)
  • Section 482(2)
  • Bihar High Court

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.18712 of 2026
                         Arising Out of PS. Case No.-117 Year-2025 Thana- BIHTA District- Patna
                 ======================================================
           1.     Manish Kumar S/o Late Jagat Bhagat @ Ajay Bhagat R/o Village - Parev,
                  P.S - Bihta, District - Patna
           2.    Putush Kumar S/o Late Jagat Bhagat @ Ajay Bhagat R/o Village - Parev, P.S
                 - Bihta, District - Patna
           3.    Sudha Devi @ Sudha Kumari W/o Manish Kumar R/o Village - Parev, P.S -
                 Bihta, District - Patna
           4.     Piyari Devi @ Mahapati Devi W/o Late Jagat Bhagat @ Ajay Bhagat R/o
                  Village - Parev, P.S - Malsalami, District - Patna
                                                                            ... ... Petitioner/s
                                                     Versus
                 The State of Bihar
                                                                     ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :       Ms. Mickey Singh, Advocate
                 For the Opposite Party/s :       Mr. Surendra Prasad Singh, APP
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE ASHOK KUMAR PANDEY
                                       ORAL ORDER

2   18-03-2026                  Heard learned counsel for the petitioners and learned

                   APP for the State.

                                2. The instant application for anticipatory bail has

                   been filed by the petitioners apprehending their arrest in

                   connection with Bihta P.S. Case No. 117 of 2025 instituted for

                   the offence under Sections 108 & 3(5) of the BNS.

                                3. The case of the prosecution, in short, is that the

                   daughter of the informant, namely, Indu Devi was married to

                   one Jairam Bhagat 15 years ago. On 20.02.2025, the informant

                   received information that Indu Devi has died. After that, the

                   family members of the deceased went to the matrimonial house
Patna High Court CR. MISC. No.18712 of 2026(2) dt.18-03-2026
                                            2/3




          and they found the deceased lying dead and the in-laws have

          fled away from the place of occurrence. In FIR, it is clear that as

          she was subjected and was being assaulted, she herself has

          consumed poison.

                       4. Learned counsel for the petitioners has submitted

          that the petitioners are in-laws and during course of

          investigation, the two kids of the deceased aged about 14 and 12

          years have given their statements and have stated that there has

          been some dispute between the deceased and her husband and as

          the husband went to sell flower at Patna, the deceased consumed

          poison. Learned counsel for the petitioners has further submitted

          that the deceased has herself consumed poison and she was not

          administered poison. Learned counsel for the petitioners has

          further submitted that the petitioner are having no criminal

          antecedent.

                       5. Learned APP for the State has vehemently opposed

          the bail of the petitioners.

                       6. Having heard learned counsel for the parties and in

          the facts and circumstances of the case as stated above, this

          Court is inclined to enlarge the petitioners on bail. The

          petitioners are directed to surrender in the Court below within a

          period of four weeks from today and in the event of their arrest
            Patna High Court CR. MISC. No.18712 of 2026(2) dt.18-03-2026
                                                        3/3




                      or surrender in connection with Bihta P.S. Case No. 117 of

                      2025, they will be enlarged on bail on furnishing bail bond of

                      Rs. 10,000/- (Rupees ten thousand) each of them with two

                      sureties of the like amount each to the satisfaction of learned

                      A.C.J.M.-II, Danapur, subject to the conditions as laid down

                      under Section 482(2) of the BNSS.

                                   7. Accordingly, the present bail application stands

                      allowed.



                                            (Ashok Kumar Pandey, J)
durgesh/-

U      T


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