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Patna High Court

NIRMA DEVIversusThe State of Bihar

Decided
Disposal
BAIL GRANTED

Holding

The court granted anticipatory bail to the petitioner, subject to specified conditions.

Summary

The petitioner, Nirma Devi, sought anticipatory bail fearing arrest in a murder case (Sections 302 and 34 IPC) concerning the death of her son. The prosecution alleged that Akhilesh Singh murdered and hanged the son, while the petitioner was implicated later on the basis of a claim that she had an illicit affair and threatened the victim. The petitioner argued that she was falsely implicated, had no evidentiary link to the crime, and possessed a clean antecedent. The State opposed the bail, contending sufficient suspicion existed. The court, after considering the submissions, granted anticipatory bail subject to a bail bond, sureties, and conditions under Section 438(2) CrPC and Section 482(2) BNSS, directing the petitioner to appear at trial and cooperate with the investigation.

Issues considered

  • Whether anticipatory bail should be granted to the petitioner under Section 438 CrPC.
  • Whether the material on record justifies denial of bail in a murder case.
  • Whether the petitioner poses a risk of fleeing, tampering with evidence, or influencing witnesses.

Legislation cited

Subjects

  • anticipatory bail
  • Section 302 IPC
  • Section 34 IPC
  • false implication
  • bail conditions
  • criminal antecedent

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                               CRIMINAL MISCELLANEOUS No.7378 of 2026
                      Arising Out of PS. Case No.-190 Year-2023 Thana- KARAHGAR District- Rohtas
                 ======================================================
                 NIRMA DEVI W/o Uday Yadav Resident of Village- Karwar, Police Station-
                 Kargahar, District- Rohtas

                                                                                  ... ... Petitioner/s
                                                       Versus
                 The State of Bihar

                                                        ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :       Mr.Raghunandan Kumar Singh, Adv.
                                                  Mr. Harendra Kumar Singh, Adv.
                 For the Opposite Party/s :       Mr.Madhura Nand Jha, APP
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE SOURENDRA PANDEY
                                       ORAL ORDER

4   20-05-2026                     Heard learned counsel for the petitioner and learned

                   A.P.P. for the State through virtual mode.

                                 2. The petitioner apprehends her arrest in connection

                   with Kargahar P.S. Case No. 190 of 2023 dated 31.05.2023

                   registered for the offences punishable under Sections 302 and 34

                   of the Indian Penal Code.

                                 3. The prosecution case is to the effect that the

                   informant has alleged that she had gone to her verandah and

                   found her son talking to one Akhilesh Singh. Thereafter, both of

                   them were found to be talking till late night. However, at around

                   3:00 A.M., when she went to wake her son, she neither found

                   her son nor the said Akhilesh Singh there. On the next morning

                   i.e. 7:00 A.M., she learned from the villagers that her son had
Patna High Court CR. MISC. No.7378 of 2026(4) dt.20-05-2026
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          been killed and hanged from a tree. The informant has further

          alleged that it was the said Akhilesh Singh who had murdered

          her son and hanged his body from a tree.

                       4. The learned counsel for the petitioner submits that

          the petitioner has falsely been implicated in this case as an

          afterthought during the course of investigation. It has further

          been submitted that initially the petitioner was not named in the

          F.I.R., however, during the course of investigation, the wife of

          the deceased on the next day has concocted a story that the

          petitioner, who was having an illicit affair with the deceased,

          had threatened her that the petitioner would kill the said son of

          the informant. It has further been submitted that from the

          C.D.R., it would be evident that there were regular talks

          between the deceased and the petitioner and only on account of

          such talk, the petitioner, on suspicion, has been made an accused

          in the present case. It has further been submitted that from

          perusal of the Post-mortem report, it would be evident that the

          cause of death has been referred to be asphyxia due to hanging.

          It has, therefore, been submitted that the petitioner has falsely

          been implicated in this case merely on suspicion and no

          evidence whatsoever has come to connect the petitioner with the

          alleged incident. It has lastly been submitted that the petitioner
Patna High Court CR. MISC. No.7378 of 2026(4) dt.20-05-2026
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          has clean antecedent.

                        5. The learned A.P.P. for the State has vehemently

          opposed the prayer for anticipatory bail of the petitioner.

                        6. Considering the aforesaid submissions made by the

          parties and taking into account the facts and circumstances of

          the case, the petitioner, above named, is directed to be released

          on anticipatory bail, in the event of arrest or surrender before the

          Court below within a period of four weeks 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

          the learned Court below where the case is pending/successor

          court in connection with Kargahar P.S. Case No. 190 of 2023,

          subject to the conditions as laid down under Section 438(2) of

          the Code of Criminal Procedure read with corresponding

          Section 482(2) of BNSS as well as subject to the following

          conditions:-

                        (i) One of the bailors will be a close relative of the

          petitioner.

                        (ii) The petitioner shall remain physically present

          before the concerned Court on each and every date of the trial

          and shall cooperate in the investigation.

                        (iii) In case of absence on two consecutive dates or in
           Patna High Court CR. MISC. No.7378 of 2026(4) dt.20-05-2026
                                                       4/4




                     violation of the terms of the bail, the bail bond of the petitioner

                     will be liable to be cancelled by the Court concerned.

                                  (iv) The trial court shall verify the criminal antecedent

                     of the petitioner and in case, at any stage, it is found that the

                     petitioner has concealed his criminal antecedents, the trial court

                     shall take necessary steps for cancellation of bail bond of the

                     petitioner. However, the acceptance of bail bond in terms of the

                     above mentioned order shall not be delayed for purpose of or in

                     the name of verification.

                                  7. It is made clear that the observations, if any, made

                     in this order, shall be of no bearing during the trial.

                                  8. The application stands allowed.



                                              (Sourendra Pandey, J)
Gautam/-

U     T


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