Patna High Court
Malti DeviversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- RAJESH KUMAR VERMA
Holding
The Court ordered the release of the petitioner on bail with specified conditions.
Summary
The petitioner, Malti Devi, was arrested on 15 October 2025 in connection with a case of alleged abetment of suicide under Sections 306 and 34 of the Indian Penal Code. The prosecution alleges that an altercation between the informant's daughter and the petitioner led to false accusations, which purportedly caused the daughter to commit suicide. The petitioner contended that the FIR is fabricated, that there is no specific allegation of an overt act against her, and that she has a clean criminal record. The State opposed bail, arguing the seriousness of the charges. The Court examined the nature of the allegations and the lack of concrete evidence linking the petitioner to the suicide. Consequently, the Court granted bail on a bond of Rs.10,000 with two sureties and imposed conditions regarding cooperation, non‑tampering with evidence, and verification of antecedents.
Issues considered
- What is the appropriateness of granting bail in a case of alleged abetment of suicide under Sections 306 and 34 IPC?
- Does the FIR contain sufficient specific allegations to justify continued detention?
- Whether the petitioner poses a risk of tampering with evidence or fleeing the trial.
Legislation cited
- Indian Penal Code — s. 306, 34
Subjects
- bail
- abetment of suicide
- IPC 306
- common intention
- false FIR
- criminal antecedent
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.275 of 2026
Arising Out of PS. Case No.-50 Year-2024 Thana- Bahera District- Gaya
======================================================
Malti Devi Wife of Ram Kishun Manjhi Resident of Village - Gangi, P.S.-
Bahera, District- Gaya, Bihar,
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr.Avinash Kumar Singh, Advocate
For the Opposite Party/s : Mr.Anil Kumar, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE RAJESH KUMAR VERMA
ORAL ORDER
4 18-04-2026 Heard Mr.Avinash Kumar Singh, learned counsel for
the petitioner and Mr.Anil Kumar, learned A.P.P. for the State.
2. The petitioner seeks bail, who is in custody since
15.10.2025 in connection with Bahera P.S.Case No.50 of 2024,
F.I.R. dated 16.06.2024 registered for the offence punishable
under Sections 306 and 34 of IPC.
3. The prosecution case, in brief, as contained in
Fandbeyon of Phulwani Devi as recorded by the SHO Habera
PS alleging therein inter alia that on 15.06.2025 his daughter
was having arguments with one Anjali Devi and Malti Devi and
an altercation broke out and in course thereof it is alleged that
Anjali and Malti started abusing and Anjali Devi made
allegation regarding her character and accused her of being
pregnant which deeply hurt the daughter of the informant and
she cried however the informant tried to pacify her. It is then
Patna High Court CR. MISC. No.275 of 2026(4) dt.18-04-2026
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alleged that daughter of the informant hanged herself on a tree
to death. It is then alleged that autopsy of the dead body was
conducted and that lastly it is alleged that due to the
inappropriate and false accusations by the accused Anjali and
Malti the daughter of the informant committed suicide.
4. Learned counsel appearing for the petitioner
submits that the petitioner has clean antecedent. The allegation
as alleged in the FIR is false and fabricated and the petitioner
has not committed any offence as alleged in the FIR. From a
bare perusal of the FIR it appears that there is no specific
allegation of any assault or overt-act attributed against the
petitioner rather there is general and omnibus allegation against
all the accused persons including the petitioner and the deceased
has committed suicide herself and apart from the aforesaid, the
FIR has been instituted under Sections 306 and 34 of IPC and
the police, after investigation, submitted chargesheet against the
petitioner and the petitioner is in custody since 15.10.2025.
5. Learned A.P.P. for the State, on the other hand, has
vehemently opposed the prayer for bail of the petitioner.
6. Considering the aforesaid facts, 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
Patna High Court CR. MISC. No.275 of 2026(4) dt.18-04-2026
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each to the satisfaction of learned A.C.J.M.-1st Sherghati, Gaya
in connection with Bahera P.S.Case No.50 of 2024, with the
following conditions:-
(I) Petitioner shall co-operate in the trial and shall be
properly represented on each and every date fixed by the Court
and shall remain physically present as directed by the Court and
on his/her absence on two consecutive dates without sufficient
reason, his/her bail bond shall be cancelled by the Court below.
(II) If the petitioner tampers with the evidence or the
witnesses, in that case, the prosecution will be at liberty to move
for cancellation of bail.
(III) And, further condition that the court below shall
verify the criminal antecedent of the petitioner and in case at
any stage, it is found that the petitioner has concealed his
criminal antecedent, the court below shall take step for
cancellation of bail bond of the petitioner. However, the
acceptance of bail bonds in terms of the above-mentioned order
shall not be delayed for purpose of or in the name of
verification.
(Rajesh Kumar Verma, J)
Nitesh/-
U T
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