Patna High Court
Ajmeri Khatoon @ Manju DeviversusThe State of Bihar
- Decided
- Disposal
- BAIL REJECTED
- Bench
- R P MISHRA
Holding
The court held that bail cannot be granted to the petitioner at this stage of the murder trial.
Summary
The petitioner, Ajmeri Khatoon, sought bail in a murder case (Sections 302 and 34 IPC) alleging she was falsely implicated. She argued that the charge sheet lacked specific overt acts and that she had no prior criminal record, having been in custody since September 2023. The State opposed bail, citing a confession recorded in the case diary and relying on a Supreme Court precedent that discourages bail in serious offences once trial has commenced. The High Court noted that the trial was near completion with only three of nine witnesses yet to be examined and therefore refused bail at this stage. The court directed the trial court to expedite the trial within three months and allowed the petitioner to re‑apply for bail before the trial court if the trial is not concluded within that period.
Issues considered
- Whether bail can be granted to an accused in a murder case (IPC Sections 302, 34) at the current stage of trial.
- Whether a confession recorded in the case diary precludes the grant of bail.
- Whether the seriousness of the offence and the remaining witnesses justify denial of bail.
Legislation cited
- Indian Penal Code — s. 302, 34
Subjects
- bail
- murder
- IPC Section 302
- IPC Section 34
- confession
- trial stage
- high court
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.76084 of 2025
Arising Out of PS. Case No.-1303 Year-2023 Thana- PHULWARISHARIF District- Patna
======================================================
Ajmeri Khatoon @ Manju Devi D/o Md. Allauddin R/o Village / Mohalla -
Bhusaila Ward no. 8, Danapur, P.S - Phulwari Sharif, District - Patna
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Ranjit Kumar, Advocate
For the Opposite Party/s : Mr. Ram Naresh Ray, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE RUDRA PRAKASH
MISHRA
ORAL ORDER
3 04-02-2026 Heard learned counsel for the petitioner and learned
APP for the State.
2. The petitioner seeks bail in connection with
Phulwarisharif P.S. Case No. 1303 of 2023, S.Tr. No. 362 of
2024 instituted for the offences under Sections 302, 34 of the
Indian Penal Code.
3. Allegation against the petitioner is of commission of
murder of her husband with the help of her other family
members.
4. Learned counsel for the petitioner submitted that the
petitioner has falsely been implicated in the present case.
Learned counsel for the petitioner submitted that general and
omnibus allegation has been made against the petitioner. No
Patna High Court CR. MISC. No.76084 of 2025(3) dt.04-02-2026
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specific overt act is alleged against the petitioner. Charge-sheet
has been submitted in this case. It has been submitted on behalf
of the petitioner that the petitioner is in custody since
10.09.2023 and has no criminal antecedent.
5. Learned A.P.P. for the State has vehemently
opposed the prayer for grant of bail to the petitioner stating that
as per paragraph no. 20 of the case diary, the petitioner has
herself confessed her guilt. Learned APP for the State relied
upon a decision of the Hon’ble Apex Court reported in 2024
SCC OnLine SC 3539 (X. vs. State of Rajasthan & Anr.),
wherein in paragraph no. 14, the Hon’ble Apex Court has held
has under:
“14. Ordinarily in serious offences like rape,
murder, dacoity, etc., once the trial commences and
the prosecution starts examining its witnesses, the
Court, be it the Trial Court or the High Court
should be loath in entertaining the bail application
of the accused.”
6. As per the report dated 01.12.2025 sent by learned
court below regarding stage of the trial, the trial is likely to be
concluded in the next four months. It is further reported that out
of nine witnesses, only three witnesses are left for examination.
Patna High Court CR. MISC. No.76084 of 2025(3) dt.04-02-2026
3/3
7. Considering the aforesaid facts and circumstances
of the case as also the stage of the trial, this Court is not inclined
to grant bail to the petitioner at this stage.
8. Accordingly, the prayer for grant of bail to the
petitioner is, hereby, rejected.
9. Learned Trial Court is directed to expedite the trial
and conclude the same as expeditiously as possible, preferably
within three months.
10. However, liberty is granted to the petitioner to
renew the prayer for grant of bail before the Trial Court if the
trial is not concluded within a period of three months from
today. If any such application is filed before the learned court
below, the court concerned shall consider the same on its own
merit without being prejudiced by this order.
(Rudra Prakash Mishra, J)
Alok Verma/-
U T
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