Patna High Court
Juli KumariversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- SATYAVRAT VERMA
Holding
The court granted anticipatory bail to the petitioner subject to bond and surety conditions under Section 482(2).
Summary
Juli Kumari, a 20‑year‑old woman, sought anticipatory bail in a murder case (PS 530/2025) where the deceased was the brother of an informant. The FIR, filed under Sections 140(3), 103, 238 and 61(2) of the Bihar Negotiable Sale Act, 2023, named unknown accused, and the investigation revealed only that the petitioner had a relationship with the deceased. The State opposed bail but could not produce any material linking the petitioner to the crime beyond the relationship. The court, noting the petitioner’s clean antecedent, gender, and lack of incriminating evidence, granted anticipatory bail on a bond of Rs 10,000 with two sureties, subject to Section 482(2) conditions and the possibility of cancellation if she fails to cooperate. The investigating officer’s personal appearance was dispensed with.
Issues considered
- Whether anticipatory bail can be granted to the petitioner in the absence of material evidence linking her to the murder.
- Whether the petitioner’s relationship with the deceased suffices to justify denial of bail.
- Whether the conditions under Section 482(2) of the Bihar Negotiable Sale Act, 2023, are satisfied.
Legislation cited
- Bihar Negotiable Sale Act, 2023 — s. 103, 140, 238, 482, 61
Subjects
- anticipatory bail
- murder
- relationship
- Section 482
- women in criminal law
- bail conditions
- lack of evidence
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.37906 of 2026
Arising Out of PS. Case No.-530 Year-2025 Thana- BALIYA District- Begusarai
======================================================
Juli Kumari W/o Nitesh Yadav Resident of Village - Nagarpara Uttari
Narayanpur, Police Station - Bhawanipur, District - Bhagalpur.
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Amrendra Kumar, Adv.
For the Opposite Party/s : Mr. Sanjay Kumar Sharma, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA
ORAL ORDER
3 02-07-2026 1. Heard learned counsel for the petitioner and learned
A.P.P. for the State.
2. The petitioner apprehends her arrest in a case
registered for the offences punishable under Sections 140(3),
103, 238, 61(2) of the BNS, 2023.
3. The I.O. of the case, in compliance of the order
dated 23.06.2026 is present in the Court along with a copy of
the case diary and postmortem report.
4. Learned counsel for the petitioner submits that
petitioner is a person with clean antecedent and is a woman
aged about 20 years and the informant alleges that his brother
on 27.11.2025 left his house at 7.45 A.M. and did not return
home till 01.12.2025 and his mobile is also switched off.
5. Learned counsel for the petitioner submits that
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from perusal of the FIR, it would manifest that FIR has been
instituted against unknown accused. It is next submitted that
during course of investigation, it transpired that petitioner was
in a relationship with the deceased. It is next submitted that
petitioner was married to one Nitish but then in the
investigation, it transpired that petitioner was having an extra
marital relation. It is further submitted that on 27.11.2025 at
11.52 A.M. the victim called the petitioner, further the dead
body of the brother of the informant was recovered on
04.12.2025 with mark of injury. It is submitted that since
petitioner was having an affair with the deceased, as such she
came to be implicated in the instant case. It is further submitted
that during the course of investigation, no material transpired
connecting the petitioner with the offence except that petitioner
and the informant were in a relationship and used to talk. It is
further submitted that the police suspected that brothers of the
petitioner along with her husband might have been involved in
the occurrence of killing of the deceased. It is next submitted
that one of the brothers of the petitioner, namely, Prince has
been apprehended and sent to judicial custody. It is also
submitted that if privilege of anticipatory bail is granted, the
petitioner will not abscond rather will cooperate in the
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investigation to prove her innocence.
6. Learned A.P.P. for the State opposes the prayer for
anticipatory bail of the petitioner but then is not in a position to
rebut the submission of the learned counsel appearing on behalf
of the petitioner that during the course of investigation, no
material transpired connecting the petitioner with the offence of
murder of the deceased except that petitioner and the deceased
were in a relationship. Learned APP fairly submits that during
the course of investigation no material till date has come
connecting the petitioner with the offence except her
relationship with the deceased.
7. After hearing the learned counsel for the parties and
taking into consideration the submissions made by the learned
counsel for the petitioner and also taking into consideration the
fact that petitioner is a woman, the petitioner above-named, in
the event of her arrest or surrender within a period of six weeks
from today, be released on anticipatory bail on furnishing bail
bonds of Rs.10,000/- (Rupees Ten Thousand) with two sureties
of the like amount each to the satisfaction of the learned trial
court where the case is pending/successor court in connection
with Ballia P.S. Case No.530 of 2025, subject to the conditions
as laid down under Section 482(2) B.N.S.S.
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8. However, it is made clear that in the event if the
Investigating Officer of the case files an application before the
learned trial court bringing to its notice that the petitioner
despite giving assurance to this court is not co-operating in the
investigation in that event the learned trial court shall be at
liberty to cancel the bail bonds of the petitioner.
9. The personal appearance of the I.O. of the case is
dispensed with.
(Satyavrat Verma, J)
amit/-
U T
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