Patna High Court
Punam DeviversusThe State Of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- SANDEEP KUMAR
Holding
The Court allowed the petition for anticipatory bail, directing release on bail upon arrest subject to statutory conditions.
Summary
The petitioners, two women related as sisters‑in‑law, sought anticipatory bail fearing arrest in a murder case (PS Case No. 77 of 2025) filed under Sections 80 and 3(5) of the Bihar Narcotic Substances Act (BNSS). The prosecution alleged they participated in the killing of the deceased, while the petitioners contended that the deceased had committed suicide and they were falsely implicated, having no prior criminal record. The State opposed the bail application. The Court examined the general allegations, the petitioners' relationship to the deceased, and the lack of substantive evidence of ante‑mortem injuries. It concluded that the petitioners could be released on anticipatory bail subject to conditions under Section 438(2) of the CrPC and Section 482 of the BNSS. The order directed them to furnish a bail bond of Rs.10,000 with two sureties if arrested within four weeks.
Issues considered
- Whether anticipatory bail should be granted to the petitioners under Section 438(2) of the CrPC in view of the allegations under Sections 80 and 3(5) of the BNSS.
- Whether the relationship of the petitioners to the deceased and the claim of suicide affect the grant of bail.
Legislation cited
- Bihar Narcotic Substances Act — s. 3(5), 482, 80
- Criminal Procedure Code — s. 438(2)
Subjects
- anticipatory bail
- Section 438 CrPC
- Section 482 BNSS
- false implication
- suicide
- bail conditions
- Criminal Procedure
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.29537 of 2026
Arising Out of PS. Case No.-77 Year-2025 Thana- BAIKUNTHPUR District- Gopalganj
======================================================
1. Punam Devi W/O Rajkishor Sah R/O Village - Katalpur, P.S-
Baikunthpur,Distt. - Gopalganj.
2. Parvati Devi D/o - Dwarika Sah W/o Arjun Sah, R/o Village Chamanpura,
P.S. - Baikunthpur, District - Gopalganj
... ... Petitioner/s
Versus
The State Of Bihar Patna
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr.Ram Sandesh Roy, Advocate
For the Opposite Party/s : Mr.Nawal Kishore Prasad, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE SANDEEP KUMAR
ORAL ORDER
2 07-05-2026 Heard learned counsel for the petitioners and learned
APP for the State.
2. The petitioners apprehend their arrest in
connection with Baikunthpur P.S. Case No. 77 of 2025
registered for the offence under Sections 80 and 3(5) of the
B.N.S.
3. As per the prosecution case, petitioners along
with other family members are alleged of killing the deceased.
4. It has been submitted by the learned counsel for
the petitioners that the petitioners are sisters-in-law (nanad and
gotni) and they have falsely been implicated in this case. It is
next submitted that during investigation, it has come that the
Patna High Court CR. MISC. No.29537 of 2026(2) dt.07-05-2026
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deceased has committed suicide and no ante-mortem injury
except an injury on the neck has been found. Petitioners have
clean antecedent.
5. Learned A.P.P. for the State opposes the prayer
for anticipatory bail of the petitioners.
6. Considering the general and omnibus allegation
against the petitioners and their relationship with the deceased,
this application is allowed.
7. Let the petitioners, above named, in the event of
their arrest or surrender before the concerned Court below
within four weeks from today, be released on bail on furnishing
bail bond of Rs. 10,000/- (Ten Thousand) each with two sureties
of the like amount each to the satisfaction of the learned District
and Additional Sessions Judge, Gopalganj/ concerned Court
below in connection with Baikunthpur P.S. Case No. 77 of 2025,
subject to the conditions laid down in Section 438(2) of the
Code of Criminal Procedure, 1973 / Section 482 of the BNSS.
(Sandeep Kumar, J)
tusharika/-
U T
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