Created by Fuzzy Cloud

Patna High Court

Sonpatiya DeviversusThe State Of Bihar

Decided
Disposal
PARTLY ALLOWED (DISPOSAL)

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

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
                                            2/3




                       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
                                                        3/3




                      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


Continue reading with your account

Sign in to read the full judgment. It’s free.

Sign in to read

Checking your session…

For a signed copy suitable for filing, refer to the court's website.