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Patna High Court

Manisha DeviversusThe State of Bihar

Decided
Disposal
BAIL GRANTED

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

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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