Patna High Court
Premsheela Devi KumariversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- PRABHAT KUMAR SINGH
Holding
Anticipatory bail was granted to the petitioners subject to conditions under Section 482(2) of the BNSS.
Summary
The petitioners, Premsheela Devi Kumari, Dilip Sahani and Lalita Devi, sought anticipatory bail after being implicated in a case under Sections 103(1), 3(5), 61(2) and 238 of the Bharatiya Nyaya Sanhita for the alleged murder of a son of the informant. The informant claimed the accused killed her son, whose body was recovered from a bush, but the post‑mortem report indicated death by drowning with no injuries, contradicting the prosecution’s theory. The petitioners asserted their innocence, clean antecedents and that the informant was not an eye‑witness. The State, represented by the informant, opposed bail. Considering the nature of the accusation, the post‑mortem findings and the petitioners’ clean record, the Court granted anticipatory bail, directing that if arrested within eight weeks they be released on a bail bond of Rs.10,000 with two sureties, subject to Section 482(2) of the BNSS.
Issues considered
- Whether anticipatory bail should be granted to the petitioners despite the allegations under the Bharatiya Nyaya Sanhita.
- Whether the post‑mortem report and clean antecedent justify bail.
Legislation cited
- Bharatiya Nyaya Sanhita — s. 103(1), 238, 3(5), 482(2), 61(2)
Subjects
- anticipatory bail
- murder
- drowning
- post-mortem report
- Bharatiya Nyaya Sanhita
- clean antecedent
- Section 482
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.75501 of 2025
Arising Out of PS. Case No.-151 Year-2025 Thana- Raghunathpur District- East Champaran
======================================================
1. Premsheela Devi Kumari Wife of Late Amarjeet Sahani @ Amarjeet Kumar
Resident of Village- Sapahi Jatwa, Ps- Raghunathpur, Dist- East Champaran
2. Dilip Sahani Son of late Lal Bahadur Sahani Resident of Village- Sapahi
Jatwa, Ps- Raghunathpur, Dist- East Champaran
3. Lalita Devi Wife of Dilip Sahani Resident of Village- Sapahi Jatwa, Ps-
Raghunathpur, Dist- East Champaran
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Vijay Shankar Shrivastava, Advocate
For the Opposite Party/s : Mr. Syed Mojibur Rahman, A.P.P.
For the Informant : Mr. Anant Kumar Pandey, Advocate
======================================================
CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH
ORAL ORDER
3 30-03-2026 Heard learned counsel for the petitioners, informant
and the State.
2. Petitioners apprehend arrest in a case registered for
the offences punishable under Sections 103(1), 3(5), 61(2), 238
of the Bharatiya Nyaya Sanhita.
3. As per prosecution case, on 04.06.2025, informant
received information regarding murder of her son from the
villagers and later on, she came to know that all the F.I.R.
named accused persons, including these petitioners, killed her
son and his dead body was recovered from a bush.
4. Learned counsel for the petitioners submits that
petitioners are innocent and have committed no offence.
Patna High Court CR. MISC. No.75501 of 2025(3) dt.30-03-2026
2/2
Informant is not an eye witness to the occurrence. Petitioner no.
1 is wife, petitioner no. 2 is father-in-law and petitioner no. 3 is
mother-in-law of the deceased and they have falsely been
implicated in this case. As per post-mortem report, cause of
death is due to drowning and no injury was found on the person
of deceased and such, post-mortem report falsifies the
prosecution case. Petitioners claim clean antecedent.
5. Learned counsel for the informant vehemently
opposed the bail application.
6. Considering the nature of accusation, post-mortem
report and clean antecedent, this anticipatory bail is allowed and
it is ordered that let the above named petitioners in the event of
their arrest/surrender before the court below within a period of
eight weeks from today, be enlarged on bail on furnishing bail-
bond of Rs. 10,000/- (ten thousand) each with two sureties of
the like amount each to the satisfaction of learned Chief Judicial
Magistrate, East Champaran, Motihari in connection with
Raghunathpur P. S. Case No. 151 of 2025, subject to condition
as laid down under Section 482(2) of the BNSS.
(Prabhat Kumar Singh, J)
Navya/-
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