Patna High Court
Vimla DeviversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- SATYAVRAT VERMA
Holding
The court granted anticipatory bail to the petitioners, subject to bond and surety conditions.
Summary
Vimla Devi and Ratan Kumar sought anticipatory bail after being implicated in a case involving multiple IPC offences relating to an alleged assault that led to the death of Vimla's husband. They argued that the FIR was lodged on 27‑05‑2024, after the victim’s death on 26‑05‑2024, and that the post‑mortem report did not show any external injuries or a clear cause of death, suggesting false implication. The State could not refute these points and only warned that the petitioners might abscond if bail were granted. The court, considering the lack of substantive evidence and the petitioners’ clean antecedents, granted anticipatory bail subject to a bond of Rs.10,000 with two sureties and compliance with Section 438(2) CrPC and Section 482(2) of the Bharatiya Nagarik Suraksha Sanhita, 2023. The order also stipulated that bail could be cancelled if the petitioners failed to cooperate with the investigation.
Issues considered
- Whether anticipatory bail should be granted to the petitioners given the FIR was filed after the victim's death and the post‑mortem report shows no external injuries.
- Whether the petitioners are likely to abscond or tamper with evidence if bail is granted.
Legislation cited
- Bharatiya Nagarik Suraksha Sanhita, 2023 — s. 482(2)
- Code of Criminal Procedure — s. 438(2)
Subjects
- anticipatory bail
- false implication
- FIR after death
- post-mortem report
- Indian Penal Code
- Criminal Procedure
- Bharatiya Nagarik Suraksha Sanhita
- bail conditions
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.72489 of 2025
Arising Out of PS. Case No.-164 Year-2024 Thana- KUMAR KHAND District- Madhepura
======================================================
1. Vimla Devi W/O Bechan Mandal R/O Belari, Ward No. 5, Madhepura, P.S.-
Kumarkhand, (Belaro OP), Dist.- Madhepura
2. Ratan Kumar @ Ratan Mandal S/O Bechan Mandal R/O Belari, Ward No. 5,
Madhepura, P.S.- Kumarkhand, (Belaro OP), Dist.- Madhepura
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Supriya Kumari, Advocate
For the Opposite Party/s : Mr.Renuka Ratnakar, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA
ORAL ORDER
3 23-04-2026 Heard learned counsel for the petitioners and learned
A.P.P. for the State .
2. Petitioners apprehend their arrest in a case
registered for the offence punishable under Sections 147, 148,
149, 341, 323, 324, 302, 447, 379, 504 of the Indian Penal
Code.
3. Learned counsel for the petitioners submits that the
petitioners are a person with clean antecedent and the petitioner
No.1 is a woman and the informant alleges that on 11.05.2024,
the accused person including the petitioner came at 9 A.M. and
started loading his maize bags, on protest by her husband, the
accused persons started abusing, when her other family member
Patna High Court CR. MISC. No.72489 of 2025(3) dt.23-04-2026
2/4
came, the accused person assaulted here husband by lathi and
rod causing injury on head and body, further villagers came and
her husband was taken to hospital from where he was referred to
higher centre but her husband during course of treatment died
on 26.05.2024.
4. The learned counsel for the petitioners submits that
the petitioners have been falsely implicated in the instant case
filed by the informant, it is next submitted that from perusal of
the allegation as alleged in the F.I.R., it would manifest that the
date of occurrence is 11.05.2024 and deceased died on
26.05.2024 and the F.I.R. came to instituted on 27.05.2024, i.e.,
after death of victim which cast aspersion on the case of the
prosecution, it is submitted that had occurrence of the nature as
alleged taken place in that event, an F.I.R. would have been
instituted based on ferdbeyan of the victim if he was in a
position to be or any relatives ferdbeyan would have been
recorded at the hospital, it is submitted that whenever any case
of assault is admitted in a hospital, the hospital informs the
police but then it appears that in the instant case, the F.I.R. has
been instituted based on written application of the informant, it
is also submitted that post-mortem of the deceased was carried
out and from perusal of the post-mortem report, it would
Patna High Court CR. MISC. No.72489 of 2025(3) dt.23-04-2026
3/4
manifest that the cause of death could not be ascertained and the
same also does not record that any external injury was found on
the body of the deceased.
5. Learned A.P.P. for the State and learned counsel
appearing on behalf of the informant opposes the prayer for
anticipatory bail of the petitioners but then are not in a position
to rebut the submission made by learned counsel for the
petitioners that F.I.R. was instituted on 27.05.2024, i.e, after
death of the deceased and the post-mortem report does not
record that any external injury was found. The learned A.P.P.
after perusing the post-mortem report fairly submits that the
same records that cause of death cannot be ascertained and no
external injury is recorded. At this stage, learned counsel
appearing on behalf of the informant submits that if privilege of
anticipatory bail is granted, the petitioners may abscond on
which the learned counsel appearing on behalf of the petitioners
submits that petitioner will not abscond rather will cooperate in
the investigation to prove their innocence.
6. Considering the aforesaid facts and circumstances
of the case, I am inclined to grant privilege of anticipatory bail
to the petitioners.
7. Let the petitioners, as named above, in the event of
Patna High Court CR. MISC. No.72489 of 2025(3) dt.23-04-2026
4/4
their arrest or surrender within four weeks from today, be
enlarged on bail on furnishing bail bond of Rs.10,000/-(Rupees
Ten Thousand) each with two sureties of the like amount each to
the satisfaction of the learned Chief Judicial Magistrate,
Madhepura, in connection with Kumarkhand (Belari O.P.) P.S.
Case No. 164 of 2024, subject to the conditions laid down
under section 438(2) of the Code of Criminal Procedure/Section
482(2) of the Bharatiya Nagarik Suraksha Sanhita, 2023.
8. However, it is made clear that if the investigating
officer of the case file an application before the learned trial
Court bringing to its notice that petitioner despite giving
assurance to this Court is not cooperating in the investigation, in
that event, the learned trial Court shall be at liberty to cancel the
bail bond of the petitioner after recording the reason.
(Satyavrat Verma, J)
sanjeev/-
U T
Checking your session…