Patna High Court
Sunita DeviversusThe State of Bihar
- Decided
- Disposal
- DISMISSED
- Bench
- SANDEEP KUMAR
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
- Indian Penal Code — s. 120B, 201, 302, 34, 363, 364
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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