Patna High Court
Barki MarandiversusThe State of Bihar
- Decided
- Disposal
- ALLOWED
- Bench
- ASHOK KUMAR PANDEY
Holding
The Court granted regular bail to the petitioner, directing her release upon furnishing the prescribed bond and sureties.
Summary
Barki Marandi, the mother‑in‑law of a deceased tribal woman, was arrested in connection with a murder case under Sections 302 and 34 of the Indian Penal Code. She applied for regular bail, contending that she has a clean antecedent, has been in judicial custody since 19‑04‑2025, and that the father‑in‑law of the deceased had already been granted anticipatory bail in a related matter. The State opposed the bail on the seriousness of the offence. The Court, after considering the facts and the petitioner’s background, ordered her release on bail upon furnishing a bond of Rs 10,000 with two sureties of the same amount, subject to the satisfaction of the District & Additional Sessions Judge‑III, Jamui.
Issues considered
- What is the applicability of regular bail to an accused in a murder case under Sections 302/34 IPC?
- Whether the grant of anticipatory bail to a co‑accused influences the bail eligibility of the petitioner?
Legislation cited
- Code of Criminal Procedure, 1973
- Indian Penal Code — s. 302, 34
Subjects
- regular bail
- murder
- IPC 302
- IPC 34
- anticipatory bail
- Criminal Procedure Code
- tribal customs
- judicial custody
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.62186 of 2025
Arising Out of PS. Case No.-171 Year-2021 Thana- CHANDRAMANDI District- Jamui
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Barki Marandi W/o Shri Rajan Tuddu R/o Village- Domuhan, P.S.-
Chandramani, District- Jamui
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Shrikesh Kumar Singh, Advocate
For the Opposite Party/s : Mr. Lalan Kumar, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE ASHOK KUMAR PANDEY
ORAL ORDER
3 09-01-2026 Heard learned counsel for the petitioner and learned
APP for the State.
2. The petitioner has prayed for regular bail in a case
registered for the offence punishable under Section 302/34 of the
Indian Penal Code.
3. The case of the prosecution, in short, is that marriage
was yet to be solemnized but out of customs prevailing amongst
tribal communities the daughter of the informant was living with
co-accused Bablu Tuddu, where it is alleged that she was subjected
to frisking and was killed by all the would be in-laws.
4. Learned counsel for the petitioner submits that the
petitioner is would be mother-in-law of the deceased. It has further
been submitted that would be father-in-law has been granted
anticipatory bail by learned Co-ordinate Bench vide Cr. Misc. No.
75854 of 2024. The case of this petitioner stands on similar
Patna High Court CR. MISC. No.62186 of 2025(3) dt.09-01-2026
2/2
footing. Learned counsel for the petitioner has submitted that the
petitioner is a lady having clean antecedent and is in judicial
custody since 19.04.2025.
5. Learned Additional Prosecutor for the State has
vehemently opposed the bail application of the petitioner.
6. Considering the aforesaid facts and circumstances of
the case, this court is inclined to enlarge the petitioner on bail. The
above named petitioner is directed to be released on bail in
connection with Chandramandi P.S. Case No. 171 of 2025 on
furnishing bail bond of Rs.10,000/- (ten thousand) with two
sureties of the like amount each to the satisfaction of learned
District & Additional Sessions Judge-III, Jamui.
(Ashok Kumar Pandey, J)
durgesh/-
U T
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