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Patna High Court

Sunita DeviversusThe State of Bihar

Decided
Disposal
DISMISSED

Holding

The court refused to grant regular bail to the petitioner.

Summary

Sunita Devi was charged under Sections 363, 364, 302, 201 and 120B/34 of the Indian Penal Code for the murder of Sunil Singh. She sought regular bail, arguing that the only basis for her accusation was a confessional statement to police, which she claimed has no evidentiary value. The prosecution contended that the confession led to the recovery of the victim’s body and blood‑stained clothing, giving it evidentiary significance. The court noted that the trial was nearing its conclusion and that the confession had materially assisted the investigation. Consequently, the court held that the petitioner was not entitled to bail and dismissed the application.

Issues considered

  • Whether a confessional statement recorded by police, which led to the recovery of a dead body, can be considered sufficient ground to deny regular bail.
  • Whether the proximity of trial completion justifies refusal of bail.

Legislation cited

Subjects

  • regular bail
  • confessional statement
  • murder
  • Indian Penal Code
  • trial near conclusion
  • bail denial

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.24714 of 2026
                       Arising Out of PS. Case No.-168 Year-2022 Thana- FATEHPUR District- Gaya
                 ======================================================
                 Sunita Devi W/o Late Shyam Sunder Rajvanshi R/o vill - Gumma, P.S.-
                 Fatehpur, Dist.- Gaya

                                                                                  ... ... Petitioner/s
                                                       Versus
                 The State of Bihar Bihar

                                                        ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :       Mr.Prasoon Kumar
                 For the Opposite Party/s :       Mr.Raj Ballabh Singh
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE SANDEEP KUMAR
                                       ORAL ORDER

2   01-05-2026                   Heard the learned counsel for the petitioner as well as

                   the learned Additional Public Prosecutor for the State and the

                   learned counsel for the informant.

                                2. This is the second attempt of the petitioner for grant

                   of regular bail in connection with Fatehpur P.S. Case No. 168 of

                   2022. Earlier her bail application was rejected vide order dated

                   11.05.2023 passed in Cr.Misc. No. 1837 of 2023 which reads as

                   under:-

                                               Heard the learned counsel for the
                                   petitioner as well as the learned Additional Public
                                   Prosecutor for the State and the learned counsel
                                   for the informant.
                                               The petitioner is seeking regular bail in
                                   connection with Fatehpur P.S. Case No. 168 of
Patna High Court CR. MISC. No.24714 of 2026(2) dt.01-05-2026
                                            2/3




                          2022, registered for the offences punishable under
                          Sections 363 of the Indian Penal Code and later on
                          added Sections 364, 302, 201, 120b/34 of the
                          Indian Penal Code.
                                       As per prosecution case, the younger son
                          of the informant, namely, Sunil Singh became
                          traceless.
                                       The learned counsel for the petitioner
                          has submitted that the dead body of Sunil Singh
                          was found and the petitioner has been made
                          accused merely on the basis of her confessional
                          statement in which she has stated that she had
                          illicit relation with Sunil Singh and she along with
                          other accused persons committed murder of Sunil
                          Singh.      He    has     submitted   further   that   the
                          confessional statement before the police has no
                          evidentiary value in the eyes of law.
                                       On the other hand, the learned APP,
                          assisted by the learned counsel for the informant,
                          has submitted that the confessional statement of the
                          petitioner led to recovery of the dead body of the
                          deceased. As such, the confessional statement
                          cannot be said the sheer confessional statement
                          recorded by the investigating authority, but also it
                          led to recovery of the dead body. Shirt and Lungi of
                          the deceased soaked with blood, were also
                          recovered.
                                       In my view, the petitioner does not
                          deserve the privileges of bail, which is hereby
                          rejected.
          Patna High Court CR. MISC. No.24714 of 2026(2) dt.01-05-2026
                                                      3/3




                                  3. Learned counsel for the informant has submitted

                    that the trial is on the verge of conclusion.

                                  4. In view of the fact that the trial is on the verge of

                    completion, this Court is not inclined to grant bail to the

                    petitioner.

                                  5. Accordingly, this application is dismissed.



                                                            (Sandeep Kumar, J)
Vikas/-

U


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