Patna High Court
Priyanka KumariversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- PRABHAT KUMAR SINGH
Holding
Anticipatory bail was granted to the petitioners.
Summary
Petitioners Priyanka Kumari and her husband Pawan Kumar, the daughter and son‑in‑law of the deceased Tiwari Singh, sought anticipatory bail after being implicated in a murder case under Sections 103 and 3(5) of the B.N.S. The prosecution alleged that on 16‑04‑2025 the accused assaulted and poisoned the deceased. The petitioners contended they were innocent, asserting that the deceased had committed suicide following a domestic quarrel and that the informant, a cousin, fabricated the charge to usurp property. No witness testified to seeing the petitioners commit the alleged offence. The State opposed the bail, but the court, considering the general nature of the accusation and the familial relationship, granted anticipatory bail subject to a bond and sureties under Section 482(2) of the B.N.S.S.
Issues considered
- Whether anticipatory bail should be granted to the petitioners under the circumstances
- Whether the allegations against the petitioners constitute sufficient ground to deny bail
Legislation cited
Subjects
- anticipatory bail
- murder
- false implication
- family relationship
- property dispute
- criminal procedure
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.4004 of 2026
Arising Out of PS. Case No.-201 Year-2025 Thana- GORAUL District- Vaishali
======================================================
1. Priyanka Kumari W/o Pawan Kumar Resident of Village- Pirapur Mathura,
P.S- Goraul, District- Vaishali
2. Pawan Kumar S/o Subodh Singh Resident of Village- Pirapur Mathura, P.S-
Goraul, District- Vaishali
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioners : Mr. Pranav Kumar, Advocate
Mr. Rajeev Ranjan No. II, Advocate
For the State : Dr. Mrityunjaya Kr.Gautam, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH
ORAL ORDER
3 30-03-2026 Heard learned counsel appearing on behalf of the
petitioners and learned APP appearing on behalf of the State.
2. The petitioners apprehend their arrest in a case
registered for the offence punishable under Sections 103 and
3(5) of the B.N.S..
3. The prosecution case, in brief, is that on
16.04.2025, all the F.I.R. named accused persons, including
these petitioners, committed maar-peet with Tiwari Singh and
subsequently, killed him by administering poison.
4. It is submitted by learned counsel appearing on
behalf of the petitioners that petitioners are quite innocent and
have committed no offence. Petitioner No. 1 is none else than
Patna High Court CR. MISC. No.4004 of 2026(3) dt.30-03-2026
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own daughter of the deceased and Petitioner No. 2 is husband of
Petitioner No. 1 and son-in-law of the deceased. Petitioners are
living far away from the place of occurrence. As a matter of
fact, on the alleged date and time of occurrence, there was a
quarrel between the deceased and his wife and due to the same,
the deceased committed suicide by consuming poison and
informant, who happens to be cousin brother of the deceased,
only with a view to grab the property of the deceased, falsely
implicated these petitioners. During investigation, none of the
witnesses have claimed to have seen these petitioners
committing the alleged offence.
5. Learned A.P.P. for the State has vehemently
opposed the prayer for grant of anticipatory bail to the
petitioners.
6. Considering the facts and circumstances of the
case, general and omnibus nature of accusation and relationship
between the parties, the prayer for grant of anticipatory bail to
the petitioners is allowed.
7. Accordingly, in the event of arrest/surrender within
a period of eight weeks from today, let the above named
petitioners be enlarged on bail on furnishing bail-bond of Rs.
10,000/- (ten thousand) each with two sureties of the like
Patna High Court CR. MISC. No.4004 of 2026(3) dt.30-03-2026
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amount each to the satisfaction of learned A.C.J.M.-I, Vaishali at
Hajipur in connection with Goraul P.S. Case No. 201 of 2025,
subject to condition as laid down under Section 482(2) of the
B.N.S.S..
(Prabhat Kumar Singh, J)
shashank/-
U T
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