Patna High Court
Manna Jha @ Manna DeviversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- SOURENDRA PANDEY
Holding
The Court allowed anticipatory bail to the petitioners, subject to stipulated conditions.
Summary
The petitioners, Manna Jha (mother‑in‑law) and Ravi Jha (brother‑in‑law), sought anticipatory bail fearing arrest in a case registered under Sections 80(2) and 3(5) of the Bharatiya Nyaya Sanhita, 2023, where the prosecution alleged they tortured the informant’s sister who later died under suspicious circumstances. The petitioners contended they had no involvement, highlighted a clean antecedent, and submitted a post‑mortem report showing no external injuries and an undetermined cause of death. The State opposed the bail. The Court examined the merits, the applicability of Section 438(2) of the CrPC read with Section 482(2) of the Bharatiya Nagarik Suraksha Sanhita, 2023, and the lack of a clear prima facie case against the petitioners. It granted anticipatory bail subject to conditions of bond, sureties, personal appearance, and verification of antecedents. The order clarified that any observations would not affect the trial.
Issues considered
- Whether anticipatory bail should be granted to the petitioners under Section 438 CrPC read with Section 482 B.N.S.S.
- Whether the allegations under Sections 80(2) and 3(5) B.N.S. establish a prima facie case justifying denial of bail
- Whether the post‑mortem report and clean antecedent negate the necessity for custody
Legislation cited
- Bharatiya Nagarik Suraksha Sanhita, 2023 — s. 482(2)
- Bharatiya Nyaya Sanhita, 2023 — s. 3(5), 80(2)
- Criminal Procedure Code — s. 438(2)
Subjects
- anticipatory bail
- Bharatiya Nyaya Sanhita
- Criminal Procedure Code
- Section 438
- Section 80
- Section 3
- post‑mortem report
- bail conditions
- criminal antecedent
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.38912 of 2026
Arising Out of PS. Case No.-29 Year-2026 Thana- BANGAWON District- Saharsa
======================================================
1. Manna Jha @ Manna Devi Wife of Vijay Jha @ Vijay Kant Jha Resident of -
Chainpur, Ward No. -13, P.S.- Bangaon, District- Saharsa, Bihar- 852212.
2. Ravi Jha @ Ravi Kunar Jha @ Rabi Kumar @ Ravi Kumar Son of Vijay Jha
@ Vijay Kant Jha Resident of - Chainpur, Ward No. -13, P.S.- Bangaon,
District- Saharsa, Bihar- 852212.
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Kumar Prabhakar, Advocate
For the Opposite Party/s : Mr. Shailendra Kumar Singh, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE SOURENDRA PANDEY
ORAL ORDER
2 17-06-2026 Heard the learned counsel for the petitioner and the
learned A.P.P. for the State.
2. The petitioners are apprehending their arrest in
connection with Bangaon P.S. Case No. 29 of 2026 registered
for the offence under Sections 80(2) and 3(5) of the Bharatiya
Nyaya Sanhita, 2023 (B.N.S.).
3. As per the prosecution case, the informant has
alleged that the named accused persons including the petitioners
used to torture the sister of the informant, mentally and
physically and ultimately she was informed that her sister has
died under suspicious condition.
4. The learned counsel for the petitioners submits that
the petitioner no. 1 is the mother-in-law while the petitioner no.
Patna High Court CR. MISC. No.38912 of 2026(2) dt.17-06-2026
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2 is the brother-in-law of the deceased. It has further been
submitted that the petitioners had no connection with family
matters of the deceased or the alleged incident. It has next been
submitted that the husband of deceased namely, Sonu Kumar
Jha is in custody and moreover, from the post-mortem report,
which has been brought on record by way of Annexure-2, it
would be evident that no external injuries were found and even
the cause of death was kept reserved. It has lastly been
submitted that the petitioners carry clean antecedent.
5. The learned A.P.P. for the State has vehemently
opposed the prayer for grant of anticipatory bail to the
petitioner.
6. Considering the facts and circumstances of the case
and the submissions advanced on behalf of the parties, let the
petitioners, above-named, be released on anticipatory bail, in the
event of their arrest or surrender before the concerned
Court/successor Court within a period of four weeks from today,
on their furnishing bail bonds in the sum of Rs. 10,000/-
(Rupees Ten Thousand) with two sureties of the like amount
each to the satisfaction of the concerned Court/successor Court
where the case is pending in connection with Bangaon P.S. Case
No. 29 of 2026, subject to the conditions as laid down under
Patna High Court CR. MISC. No.38912 of 2026(2) dt.17-06-2026
3/3
Section 438(2) of the Code of Criminal Procedure, 1973 read
with corresponding Section 482(2) of the Bharatiya Nagarik
Suraksha Sanhita, 2023 (B.N.S.S.) as well as subject to the
following conditions :
(i) One of the bailors of the
petitioner shall be his/her close
relative and the other shall be a local
resident.
(ii) The petitioner shall remain
physically present before the
concerned Court on each and every
date of the trial and shall cooperate in
the investigation.
(iii) In case of absence for two
consecutive occasions or in violation
of the terms of the bail, the bail bonds
of the petitioner will be liable to be
cancelled by the concerned Court.
(iv) The concerned Court shall
verify the criminal antecedent of the
petitioner and in case, at any stage, it
is found that he/she has concealed
his/her criminal antecedents, the
Court concerned shall take necessary
steps for cancellation of his/her bail
bond. However, the acceptance of
bail bonds in terms of the above-
mentioned order shall not be delayed
for purpose of or in the name of
verification.
7. It is made clear that the observations, if any, made
in this order, shall be of no bearing during the trial.
8. The application stands allowed.
(Sourendra Pandey, J)
Tannu/-
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