Patna High Court
Most. Manju Devi @ Manju DeviversusThe State of Bihar
- Decided
- Disposal
- DISPOSED
- Bench
- SANDEEP KUMAR
Holding
The court granted anticipatory bail to petitioner No. 2 and stayed the arrest of petitioner No. 1 for two months, subject to bail bond and surety conditions.
Summary
Petitioners Manju Devi and Sumanti Devi sought anticipatory bail fearing arrest in a 2024 case (PS No. 608) filed under Sections 137(2) and 140(3) of the Bihar Narcotic Substances Act, alleging they were falsely implicated in the alleged torture of a missing girl. They argued innocence, clean antecedents, and highlighted that the missing girl had not been recovered despite police investigations. The State opposed the bail. The Patna High Court, noting the petitioner's familial relation to the informant, granted anticipatory bail to petitioner No. 2 (Sumanti Devi) with a Rs 10,000 bond and two sureties, subject to Section 438(2) CrPC and Section 482 BNSS conditions, and ordered that petitioner No. 1 not be arrested for two months until the girl’s whereabouts are ascertained. The police were directed to intensify the investigation. The application was disposed of.
Issues considered
- Whether anticipatory bail should be granted to the petitioners under Section 438 of the Code of Criminal Procedure, 1973.
- Whether the arrest of petitioner No. 1 should be stayed pending investigation into the missing girl.
- Whether the conditions imposed under Section 482 of the Bihar Narcotic Substances Act are appropriate.
Legislation cited
- Bihar Narcotic Substances Act — s. 137(2), 140(3), 482
- Code of Criminal Procedure, 1973 — s. 438(2)
Subjects
- anticipatory bail
- Section 438 CrPC
- Section 482 BNSS
- missing person
- false implication
- bail conditions
- Patna High Court
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.3852 of 2026
Arising Out of PS. Case No.-608 Year-2024 Thana- GAURICHAK District- Patna
======================================================
1. Most. Manju Devi @ Manju Devi Son of Late Rajendra Ram Resident of
Village - Dariyapur, P.S.- Gourichak, District - Patna.
2. Sumanti Devi Wife of Umesh Ram Resident of Village - Dariyapur, P.S.-
Gourichak, District - Patna.
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr.Krishan Pd. Singh, Sr. Advocate
Mr.Surendra Kumar Mishra, Advocate
For the Opposite Party/s : Mr.Shyam Kumar Singh, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE SANDEEP KUMAR
ORAL ORDER
3 24-02-2026 Heard learned Senior Counsel for the petitioners and
learned APP for the State.
2. The petitioners apprehend their arrest in
connection with Gaurichak (Pachrukhiya) P.S. Case No. 608 of
2024 registered for the offence under Sections 137(2)/ 140(3) of
B.N.S.
3. As per the prosecution case, petitioners are
alleged to have tortured the victim due to which she fled away.
4. It has been submitted by the learned Senior
Counsel for the petitioners that the petitioners are innocent and
they have falsely been implicated in this case. It is next
submitted that the petitioner went missing for which he filed an
Patna High Court CR. MISC. No.3852 of 2026(3) dt.24-02-2026
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application before the police on 05.10.2024 and thereafter on
25.10.2024 the present case was filed by father of the missing
girl. Learned Senior Counsel submits that the missing girl has
not been recovered by the police and the entire family of the
petitioners is facing a police case. Petitioner no. 1 is the mother-
in-law and petitioner no. 2 is the sister-in-law (gotni) of the
informant. Petitioners have clean antecedent.
5. Learned A.P.P. for the State opposes the prayer
for anticipatory bail of the petitioners.
6. Considering the relation of the petitioner no. 2
with the informant, her application is allowed.
7. Let the petitioner no. 2, above named, in the
event of her 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
Additional Chief Judicial Magistrate-II, Patna City/ concerned
Court below in connection with Gaurichak (Pachrukhiya) P.S.
Case No. 608 of 2024, subject to the conditions laid down in
Section 438(2) of the Code of Criminal Procedure, 1973 /
Section 482 of the BNSS.
8. The Senior Superintendent of Police, Patna is
Patna High Court CR. MISC. No.3852 of 2026(3) dt.24-02-2026
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directed to ensure that the matter is properly investigated so that
the whereabouts of the missing girl are ascertained. Until the
police trace the missing girl, petitioner no. 1 shall not be
arrested for the next two months.
9. This application stands disposed of.
(Sandeep Kumar, J)
tusharika/-
U T
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