Patna High Court
Manisha DeviversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- SANDEEP KUMAR
Holding
Bail is granted to the petitioner subject to the conditions prescribed under Section 438(2) of the CrPC and Section 482 of the BNSS.
Summary
Manisha Devi, the aunt of a deceased person, was implicated in a murder case (Pipra P.S. Case No. 223 of 2025) under Sections 103(1), 123, 61(2) and 3(5) of the BNS, 2023, alleged to have poisoned the victim. She filed an application fearing arrest, asserting that she is innocent, that the allegations are false, and that no FIR exists for other alleged killings. The court observed that the petitioner is a woman and that there is no material evidence linking her to the crime. Consequently, the bail application was allowed. The court ordered that, if she is arrested or surrenders within four weeks, she may be released on bail upon furnishing a bond of Rs. 10,000 with two sureties, subject to the conditions of Section 438(2) of the CrPC and Section 482 of the BNSS.
Issues considered
- Whether bail should be granted to the petitioner in the absence of any evidentiary material linking her to the alleged offence
Legislation cited
- BNS, 2023 — s. 103(1), 123, 3(5), 482, 61(2)
- Code of Criminal Procedure, 1973 — s. 438(2)
Subjects
- bail
- presumption of innocence
- insufficient evidence
- Section 438 CrPC
- Section 482 BNSS
- murder
- poisoning
- gender considerations
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.69339 of 2025
Arising Out of PS. Case No.-223 Year-2025 Thana- PIPRA District- East Champaran
======================================================
Manisha Devi W/O Kasindra Mahto R/O Vill.- Sohanpur, P.S.- Pipra, Dist.-
East Champaran.
... ... Petitioner/s
Versus
The State of Bihar Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr.Rakesh Kumar
For the Opposite Party/s : Mr.Bharat Lal
======================================================
CORAM: HONOURABLE MR. JUSTICE SANDEEP KUMAR
ORAL ORDER
4 26-02-2026 Heard learned counsel for the petitioner and learned
APP for the State.
2. The petitioner apprehends his arrest in
connection with Pipra P.S. Case No. 223 of 2025 registered for
the offence under Sections 103(1), 123, 61(2) and 3(5) of the
BNS, 2023.
3. As per the prosecution case, the petitioner, being
the aunt of the deceased, is alleged to have killed the deceased
by poisoning.
4. It has been submitted by the learned counsel for
the petitioner that the petitioner is innocent and he has falsely
been implicated in this case. He further submits that in the
present FIR, it has also been alleged that the petitioner has also
killed her other family members also but no FIR has been
Patna High Court CR. MISC. No.69339 of 2025(4) dt.26-02-2026
2/2
lodged for those deaths.
5. Considering the fact that the petitioner is a
woman and there is no evidence against her to connect with the
alleged crime, this application is allowed.
6. Let the petitioner, above named, in the event of
his arrest or surrender before the concerned Court below within
four weeks from today, be released on bail on furnishing bail
bond of Rs. 10,000/- (Ten Thousand) with two sureties of the
like amount each to the satisfaction of the Chief Judicial
Magistrate, Motihari, East Champaran/concerned Court below
in connection with Pipra P.S. Case No. 223 of 2025, subject to
the conditions laid down in Section 438(2) of the Code of
Criminal Procedure, 1973 / Section 482 of the BNSS.
(Sandeep Kumar, J)
Vikas/-
U
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