Created by Fuzzy Cloud

Patna High Court

Most. Manju Devi @ Manju DeviversusThe State of Bihar

Decided
Disposal
DISPOSED

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

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
                                            2/3




          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
                                                          3/3




                        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


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.