Patna High Court
Sonpatiya DeviversusThe State Of Bihar
- Decided
- Disposal
- PARTLY ALLOWED (DISPOSAL)
- Bench
- ASHOK KUMAR PANDEY
Holding
The Court granted anticipatory bail to Sonpatiya Devi but denied it to Nagendra Ram.
Summary
The petitioners, Sonpatiya Devi and Nagendra Ram, filed an anticipatory bail application fearing arrest in connection with Naubatpur P.S. Case No.251 of 2024, which involves offences under IPC Sections 302 (murder), 201 (causing disappearance of evidence) and 34 (common intention). The prosecution alleged that a minor girl’s body was discovered in a septic tank and that the petitioners fled the scene. The petitioners argued that a similarly situated co‑accused, Sangita Devi, had been granted bail in Cr. Misc. No.70143 of 2024, and that Sonpatiya Devi, a 60‑year‑old woman, had no role in the incident. The State opposed bail for both. The Court, after hearing counsel, refused bail to Nagendra Ram but granted anticipatory bail to Sonpatiya Devi subject to surrender within four weeks, a bail bond of Rs 10,000 with two sureties, and conditions under Section 482(2) of the CrPC. The application was therefore partly allowed.
Issues considered
- Whether anticipatory bail should be granted to Sonpatiya Devi in the murder and related offences case.
- Whether anticipatory bail should be granted to Nagendra Ram in the same case.
- Whether the facts and prior bail to a co‑accused justify denial of bail to Nagendra Ram.
Legislation cited
- Code of Criminal Procedure, 1973 — s. 482(2)
- Indian Penal Code — s. 201, 302, 34
Subjects
- anticipatory bail
- IPC 302
- IPC 201
- IPC 34
- CrPC 482
- high court
- bail denial
- gender considerations
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.3175 of 2026
Arising Out of PS. Case No.-251 Year-2024 Thana- NAUBATPUR District- Patna
======================================================
1. Sonpatiya Devi W/O Late Chhatrabali Ram Resident Of Village- Tarwan,
P.S.- Naubatpur, Dist.- Patna
2. Nagendra Ram @ Narendra Ram S/O Late Chhatrabali Ram Resident Of
Village- Tarwan, P.S.- Naubatpur, Dist.- Patna
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Arvind Prasad Singh, Advocate
For the Opposite Party/s : Mr. Sanjay Kumar Pandey, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE ASHOK KUMAR PANDEY
ORAL ORDER
4 10-04-2026 Heard learned counsel for the petitioners and learned
APP for the State.
2. The instant application for anticipatory bail has
been filed by the petitioners apprehending their arrest in
connection with Naubatpur P.S. Case No. 251 of 2024 instituted
for the offence under Sections 302 & 201/34 of the Indian Penal
Code.
3. The case of the prosecution, in short, is that the
minor daughter of the informant was missing. When she was
searched, her body was found below septic tank where one
Sachin Kumar was standing. As the dead body was recovered,
the petitioner along with others fled away.
Patna High Court CR. MISC. No.3175 of 2026(4) dt.10-04-2026
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4. Learned counsel for the petitioners has submitted
that similarly situated co-accused Sangita Devi has been granted
bail by this Court vide Cr. Misc. No. 70143 of 2024. Learned
counsel for the petitioner has further submitted that from perusal
of the story of the prosecution, it is clear that the dead body of
the minor daughter of the deceased was found in the courtyard
of Nagendra Ram (petitioner no.2).
5. Learned APP for the State has vehemently opposed
the bail of the petitioners.
6. Having heard learned counsel for the parties and in
the facts and circumstances of the case as stated above, I am
not inclined to grant bail to petitioner no.2 Nagendra Ram,
however, petitioner no.1 Sonpatiya Devi who is a lady aged
about 60 years has got no role in this occurrence. As such, this
Court is inclined to enlarge the petitioner no.1 Sonpatiya
Devi on bail. The petitioner no.1 Sonpatiya Devi is directed to
surrender in the Court below within a period of four weeks from
today and in the event of her arrest or surrender in connection
with Naubatpur P.S. Case No. 251 of 2024, she will be enlarged
on bail on furnishing bail bond of Rs. 10,000/- (Rupees ten
thousand) with two sureties of the like amount each to the
satisfaction of learned A.C.J.M.-VI, Danapur, subject to the
Patna High Court CR. MISC. No.3175 of 2026(4) dt.10-04-2026
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conditions as laid down under Section 482(2) of the BNSS.
7. Accordingly, the present bail application stands
partly allowed.
(Ashok Kumar Pandey, J)
durgesh/-
U T
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