Patna High Court
Vibha Kumari @ Vibha DeviversusThe State of Bihar
- Decided
- Disposal
- DISPOSED
- Bench
- PURNENDU SINGH
Holding
The court held that the petitioner is entitled to pre‑arrest bail, subject to a bail bond and the conditions of Section 482(2) of the BNSS.
Summary
Vibha Kumari, the wife in a matrimonial dispute, was arrested under Sections 123 and 109 of the Bihar Negotiable Statutes for allegedly attempting to murder her husband by poisoning. She contended that the case was a retaliatory "counterblast" to earlier proceedings she had initiated, including a 498A complaint and a maintenance case, and that she was innocent with a clean antecedent. The State opposed her request for pre‑arrest bail. The High Court, after reviewing the FIR and the surrounding circumstances, found that the allegations appeared to stem from marital discord and that the petitioner had made a prima facie case for bail. Accordingly, the Court ordered her release on pre‑arrest bail upon furnishing a bail bond of Rs.10,000 with two sureties, subject to Section 482(2) of the BNSS, and directed verification of her criminal antecedents and referral to mediation under the Mediation Act, 2023.
Issues considered
- Whether pre‑arrest bail should be granted in a case of alleged attempted murder arising from matrimonial discord.
- Whether the alleged counter‑blasting of earlier proceedings justifies bail.
- Whether the conditions under Section 482(2) of the BNSS apply to the grant of bail.
Legislation cited
- Bihar Negotiable Statutes (BNS) — s. 109, 123
- BNSS — s. 482(2)
- Mediation Act, 2023
Subjects
- pre‑arrest bail
- matrimonial dispute
- attempted murder
- counterblast
- mediation
- Section 482
- criminal procedure
- Bihar
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.5719 of 2026
Arising Out of PS. Case No.-29 Year-2025 Thana- GHATHO District- Samastipur
======================================================
Vibha Kumari @ Vibha Devi Son of Vikram Kumar Singh R/o Village -
Musapur, P.S. - Ghataho, Distt. - Samastipur. Presently R/o Village - Harpur
Alloth, P.S. - Musrigharari, Dist. - Samastipur.
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr.Madhav Kumar, Advocate
For the Opposite Party/s : Mr.Rabindra Kumar, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE PURNENDU SINGH
ORAL ORDER
4 06-04-2026 Heard Mr. Madhav Kumar, learned counsel appearing
on behalf of the petitioner and Mr. Rabindra Kumar, learned
APP for the State.
2. The petitioner seeks pre-arrest bail in connection
with Ghataho P.S. Case No. 29 of 2025 registered for the
offence(s) punishable under Sections 123,109 of the BNS.
3. As per the allegation made in the FIR, due to
ongoing matrimonial disputes, the accused wife allegedly
attempted to murder her husband by administering poison, and
she is further alleged to be involved in an illicit relationship.
4. Learned counsel appearing on behalf of the
petitioner submitted that petitioner is innocent and she has
falsely been implicated in the present case. The allegations are
Patna High Court CR. MISC. No.5719 of 2026(4) dt.06-04-2026
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arising out of matrimonial discord and the present case has been
instituted only to counterblast the earlier proceedings initiated
by the petitioner, including Complaint Case No. 15/2024 under
Section 498A IPC and Maintenance Case No. 91/2025 under
Section 144 BNS, wherein an interim order was passed in
petitioner’s favour. The petitioner has clean antecedent. On
these grounds, the petitioner seeks to be released on pre-arrest
bail.
5. Learned APP for the State vehemently opposed the
prayer for grant of pre-arrest bail.
6. Having heard the rival submissions made on
behalf of the parties, as well as, having perused the allegations
made in the FIR and the materials available on record, this
Court finds that the dispute appears to have arisen out of
matrimonial discord and the present case appears to be a
counterblast to the earlier proceedings instituted by the
petitioner, wherein an interim order was passed in her favour. I
am of the opinion that the petitioner has, prima facie, made out
a case to be released on pre-arrest bail.
7. The petitioner, above named, is directed to be
released on pre-arrest bail, in the event of her arrest or surrender
before the learned District Court within a period of four weeks
Patna High Court CR. MISC. No.5719 of 2026(4) dt.06-04-2026
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from today, on furnishing bail bond of Rs. 10,000/- (Rupees Ten
Thousand) with two sureties of the like amount each to the
satisfaction of learned District Court where the case is pending /
Concerned Court in connection with Ghataho P.S. Case No. 29
of 2025, subject to the conditions as laid down under Section
482(2) of the BNSS.
8. The learned District Court is directed to verify
the criminal antecedent of the petitioner and if it is found
that the petitioner is involved in some other cases, as what
has been stated in paragraph no.3 of the bail application,
this order will automatically lose its force.
9. The learned District Court is directed to take
necessary steps to refer the matter for mediation under the
provision of Mediation Act, 2023 before the learned
Mediator of the District Mediation Center by fixing a date
for appearance of the parties to give effect to “Mediation for
the Nation 2.0”, so that the parties, who are husband and
wife, may settle their dispute amicably and lead a happy
married life.
(Purnendu Singh, J)
Ashishsingh/-
U T
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