Patna High Court

Megha Jha @ Megha PathakversusThe State of Bihar

Decided: 9 February 2026
Disposal: BAIL GRANTED
Bench: PRABHAT KUMAR SINGH

Holding

The Court held that the petitioner is not an accused under the FIR and is entitled to bail under Section 482(2) of the Bharatiya Nagarik Suraksha Sanhita, 2023.

Summary

Megha Jha, the petitioner, sought bail fearing arrest in a case registered under Sections 103(1), 238 and 3(5) of the Bharatiya Nyaya Sanhita, 2023 relating to a murder alleged to have occurred on 31 July 2024. The FIR named co‑accused Sachin Kumar Jha and Shashi Kapoor Jha as the perpetrators; the petitioner was merely present at the scene and no specific allegation of assault was made against her. Her counsel argued that she is not an accused, has a clean antecedent and should be released on bail. The State opposed the bail application. The Court, after considering the facts, granted bail on a bond of Rs.10,000 with two sureties, subject to conditions under Section 482(2) of the Bharatiya Nagarik Suraksha Sanhita, 2023.

Issues considered

Whether the petitioner, who was present at the scene but not charged, is entitled to bail under the provisions of the Bharatiya Nyaya Sanhita and Bharatiya Nagarik Suraksha Sanhita.
Whether the allegations against the petitioner constitute an offence under Sections 103(1), 238 and 3(5) of the Bharatiya Nyaya Sanhita, 2023.
Whether bail can be granted under Section 482(2) of the Bharatiya Nagarik Suraksha Sanhita, 2023.

Legislation cited

Bharatiya Nagarik Suraksha Sanhita, 2023 — s. 482(2)
Bharatiya Nyaya Sanhita, 2023 — s. 103(1), 238, 3(5)

Subjects

bail
criminal procedure
murder
Bharatiya Nyaya Sanhita
Bharatiya Nagarik Suraksha Sanhita
witness
accused

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.80733 of 2025
                   Arising Out of PS. Case No.-280 Year-2024 Thana- RUNISAIDPUR District- Sitamarhi
                 ======================================================
                 Megha Jha @ Megha Pathak wife of Arvind Pathak Resident Of Village
                 -Rasulganj @ Koili, Ps- Nanpur District -Sitamarhi

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

                                                        ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :       Mr. Vikash Kumar Jha, Advocate
                 For the Opposite Party/s :       Mr. Raj Kishor Singh, APP
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH
                                       ORAL ORDER

2   09-02-2026                    Heard both parties.

                                2. Petitioner apprehends arrest in case registered for

                   the offences punishable under Sections 103(1), 238, 3(5) of the

                   Bharatiya Nyaya Sanhita, 2023.

                                3 . As per the FIR, on 01.08.2024 the informant

                   received telephonic information from villager of Garha village

                   that on 31.07.2024 in the night at around 9.00 PM, co-accused

                   Sachin Kumar Jha along with Shashi Kapoor Jha killed his

                   daughter using knife and sword in presence of Amod Jha,

                   Mohan Jha, Megha Jha (petitioner ), Maharana Pratap Singh,

                   Manohar Thakur, Chandan Kumar, Mani Jha Advocate, Ranjan

                   Kumar, Avinash Pathak, Govind Pathak and the dead body was

                   burnt.

                                4. Learned counsel for the petitioner submits that
            Patna High Court CR. MISC. No.80733 of 2025(2) dt.09-02-2026
                                                        2/2




                      informant is not eye-witness to the occurrence .          Specific

                      accusation is against co-accused Sachin Kumar Jha along with

                      Shashi Kapoor Jha . So far as this petitioner is concerned, she is

                      only alleged to be present at the place of occurrence and there is

                      absolutely no allegation of assault against her. Petitioner is lady

                      and claims clean antecedent.

                                   5 . Learned APP for the State vehemently oppose the

                      prayer for bail of the petitioner.

                                     6. Considering the aforesaid facts,      and other

                      circumstances of the case , in the event of arrest or surrender

                      within eight weeks from today, let the petitioner, as named

                      above, be enlarged 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 learned Chief Judicial Magistrate,

                      Sitamarhi in connection with Runni Saidpur P.S. Case No. 280

                      of 2024 , subject to the conditions laid down under section

                      482(2) of the      Bharatiya Nagarik Suraksha Sanhita , 2023 .



                                            (Prabhat Kumar Singh, J)
Koushik/-

U      T

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