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Patna High Court

Manna Jha @ Manna DeviversusThe State of Bihar

Decided
Disposal
BAIL GRANTED

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

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
                                            2/3




          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/-

U         T


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