Patna High Court
Anita Devi @ Sunita DeviversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- SANDEEP KUMAR
Holding
Bail was granted to the petitioners subject to a bond and sureties under the CrPC.
Summary
The petitioners, three women from Pipradih village, sought relief fearing arrest in a murder case (Nauhatta P.S. Case No. 12 of 2022) under Sections 302 and 34 of the Indian Penal Code. The prosecution alleged they participated in the killing of a woman, but the petitioners contended there was no direct evidence against them, only suspicion. The learned counsel argued that the lack of substantive proof warranted bail. Justice Sandeep Kumar considered the submissions and the statutory provisions governing bail. The court allowed the application, directing that the petitioners be released on bail upon furnishing a bond of Rs. 10,000 with two sureties, subject to the conditions of Section 438(2) of the Code of Criminal Procedure, 1973 and Section 482 of the same Code. The order was pronounced on 3 July 2026.
Issues considered
- Whether bail should be granted to the accused women in a murder case under IPC Sections 302 and 34 where only suspicion, and no direct evidence, exists.
Legislation cited
- Criminal Procedure Code — s. 438(2), 482
- Indian Penal Code — s. 302, 34
Subjects
- bail
- murder
- IPC 302
- Section 34
- Code of Criminal Procedure
- high court
- presumption of innocence
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.34977 of 2026
Arising Out of PS. Case No.-12 Year-2022 Thana- NAUHATTA District- Rohtas
======================================================
1. Anita Devi @ Sunita Devi W/O Vimal Singh R/o- Village- Pipradih, P.S-
Nauhatta, District- Rohtas at Sasaram
2. Jaswanti Devi W/o- Geyan Bahadur Singh R/o- Village- Pipradih, P.S-
Nauhatta, District- Rohtas at Sasaram
3. Meera Devi W/o- Buland Singh R/o- Village- Pipradih, P.S-Nauhatta,
District- Rohtas at Sasaram
... ... Petitioner/s
Versus
The State of Bihar Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr.Deovind Kumar Singh
For the Opposite Party/s : Mr.Dilip Kumar No. 1
======================================================
CORAM: HONOURABLE MR. JUSTICE SANDEEP KUMAR
ORAL ORDER
2 03-07-2026 Heard learned counsel for the petitioners and
learned APP for the State.
2. The petitioners apprehends their arrest in
connection with Nauhatta P.S. Case No. 12 of 2022 registered
for the offence under Section 302/34 of the Indian Penal Code.
3. As per the prosecution case, the petitioners and
others are accused of killing a women.
4. It has been submitted by the learned counsel for
the petitioners that the petitioners being woman are innocent
and there is no direct evidence against the petitioners except for
suspicion.
Patna High Court CR. MISC. No.34977 of 2026(2) dt.03-07-2026
2/2
5. Considering the aforesaid facts, this application
is allowed.
6. 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) with two sureties of
the like amount each to the satisfaction of the learned concerned
Court below in connection with Nauhatta P.S. Case No. 12 of
2022, 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)
Vikas/-
U
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