Patna High Court
Manju MishraversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- SANDEEP KUMAR
Holding
The court held that bail should be granted to the petitioner considering her relationship with the deceased, gender, and period of custody.
Summary
Manju Mishra was arrested in connection with a case registered under Sections 328, 302/34 of the Indian Penal Code for allegedly killing her father‑in‑law. She had been in custody since 2 September 2025 and claimed she was falsely implicated, with only suspicion against her. The petitioner’s counsel argued that no material evidence linked her to the offence. The court, noting her familial relationship to the deceased, her status as a woman, and the length of her pre‑trial detention, decided to grant bail. She was released on a bail bond of Rs 10,000 with two sureties, subject to the satisfaction of the concerned court.
Issues considered
- Whether bail should be granted to the accused under Sections 328, 302/34 IPC given the nature of the alleged offences and the circumstances of her custody.
Legislation cited
- Indian Penal Code — s. 302, 328, 34
Subjects
- bail
- Indian Penal Code
- Section 328
- Section 302
- Section 34
- murder
- attempt to cause grievous hurt
- gender
- family relationship
- pre‑trial detention
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.2338 of 2026
Arising Out of PS. Case No.-756 Year-2023 Thana- SHERGHATI District- Gaya
======================================================
Manju Mishra W/O Pawan Mishra R/o Mohalla- Shekhpura, P.S - Sherghati,
District - Gaya
... ... Petitioner/s
Versus
The State of Bihar Patna
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr.Pushpendra Priyedarshi
For the Opposite Party/s : Mr.Brajendra Nath Pandey
======================================================
CORAM: HONOURABLE MR. JUSTICE SANDEEP KUMAR
ORAL ORDER
3 24-03-2026 Heard learned counsel for the petitioner and learned
APP for the State.
2. The petitioner seeks bail in connection with
Sherghati P.S. Case No. 756 of 2023 registered for the offence
under Sections 328, 302/34 of the Indian Penal Code.
3. As per the prosecution case, the petitioner, who
is the Bhabhi of the informant, has been made accused in this
case for killing her father-in-law.
4. The petitioner is in custody since 2.9.2025 and it
has been submitted by the learned counsel for the petitioner that
the petitioner is innocent and she has falsely been implicated in
this case. He further submits that except for suspicion, nothing
has come against the petitioner to connect her with the alleged
offence.
Patna High Court CR. MISC. No.2338 of 2026(3) dt.24-03-2026
2/2
5. Considering the relationship of the petitioner
with the deceased, the fact that she is a woman and also
considering her period of custody, this application is allowed.
6. Let the petitioner, above named, 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 ACJM-1st, Sherghati, Gaya/concerned Court below
in connection with Sherghati P.S. Case No. 756 of 2023.
(Sandeep Kumar, J)
Vikas/-
U
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