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Patna High Court

Bajanti DeviversusThe State of Bihar

Decided
Disposal
BAIL GRANTED

Holding

The Court granted anticipatory bail to the petitioners subject to conditions under Sections 438(2) Cr.P.C. and 482(2) B.N.S.S.

Summary

The petitioners, three women, were implicated in a FIR alleging they murdered a woman by strangulation, based on an informant's claim. The FIR charged them under Sections 108, 3(5) and 238 of the B.N.S., 2023. The post‑mortem report and the investigating officer’s statement indicated that the victim died of asphyxia due to drowning, contradicting the murder allegation. The petitioners argued they had clean antecedents and were falsely implicated, seeking anticipatory bail. The State opposed the bail but also accepted the drowning cause of death. The Court, after hearing both sides, granted anticipatory bail to the petitioners subject to bail bonds and sureties, invoking Sections 438(2) of the Cr.P.C. and 482(2) of the B.N.S.S.

Issues considered

  • Whether anticipatory bail should be granted to the petitioners despite the FIR alleging murder.
  • Whether the post‑mortem finding of death by drowning negates the prosecution’s case of homicide.

Legislation cited

Subjects

  • anticipatory bail
  • false implication
  • post‑mortem report
  • drowning
  • Criminal Procedure Code
  • B.N.S. Act
  • sections 108, 3(5), 238

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.86133 of 2025
                        Arising Out of PS. Case No.-470 Year-2025 Thana- BIKRAM District- Patna
                 ======================================================
           1.     Bajanti Devi W/o- Kameshwar Paswan R/v- Sarwan Bhadsara PS- Bikram
                  Dist- Patna
           2.    Puja Devi W/o- Suraj Paswan @ Suraj R/v- Sarwan Bhadsara PS - Bikram
                 Dist- Patna
           3.     Sonali Kumari @ Saloni Kumari D/o- Kameshwar Paswan R/v- Sarwan
                  Bhadsara PS- Bikram Dist- Patna
                                                                      ... ... Petitioner/s
                                                  Versus
                 The State of Bihar
                                                               ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :       Mr. Saroj Kumar Sharma, Advocate
                                                  Mr. Anupam Bahadur, Advocate
                                                  Mr. Vikash Kumar, Advocate
                                                  Mr. Sunny Kumar, Advocate
                                                  Mr. Piyush Kumar, Advocate
                 For the Opposite Party/s :       Mr. Umanath Mishra, A.P.P.
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA
                                       ORAL ORDER

5   07-04-2026                   1. Heard learned counsel for the petitioners and learned

                   A.P.P. for the State.

                                 2. The petitioners apprehend their arrest in a case

                   registered for the offences punishable under Sections 108, 3(5) and

                   238 of the BNS, 2023.

                                 3. The Investigating Officer of the case, in compliance

                   of the order dated 10.03.2026, is present in the Court.

                                 4. Learned counsel for the petitioners submits that

                   petitioners are persons with clean antecedent and are women and

                   the informant alleges that her daughter was married to Sudama

                   about 15 years back. Further, on 26.09.2025, Sudama called her
Patna High Court CR. MISC. No.86133 of 2025(5) dt.07-04-2026
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          and informed that he has come to Darbhanga and a call had come

          from his house informing that victim consumed poison,

          accordingly, the informant reached the place of occurrence but

          found the door locked and no one was present in the house. It is

          next alleged that her second son-in-law Deepak called the

          informant and informed that victim has been taken to the hospital

          by Suraj, Puja, Bajanti, Kameshwar and Sonali and the Doctor

          informed that the victim died, hence, they fled with the dead body

          thereafter the informant started searching the children of her

          daughter and three children were found and the elder daughter

          disclosed that uncle Suraj was strangulating the victim while Puja

          was holding her leg and Kameshwar (grandfather) told Suraj to put

          clothes in the mouth of the victim so that she dies, thus, alleges

          that accused persons including the petitioners killed her daughter.

                       5. Learned counsel for the petitioners submits that

          petitioners have been falsely implicated in the instant case by the

          informant. It is further submitted that from perusal of the

          allegation as alleged in the FIR, it would manifest that the victim

          was married to Sudama about 15 years back and in these 15 years

          no case ever came to be instituted either by the victim or the

          informant alleging torture by the accused persons. It is next

          submitted that husband of the deceased is not an accused in the

          instant FIR. It is also submitted that the informant based on
Patna High Court CR. MISC. No.86133 of 2025(5) dt.07-04-2026
                                            3/4




          disclosure made by the elder daughter of the victim alleged that it

          was Suraj along with other named accused persons involved in

          killing of the deceased but then it is submitted that from perusal of

          the postmortem report, it would manifest that the victim died on

          account of drowning, as such, the allegation as alleged in the FIR

          gets belied from the postmortem report.

                       6. On query of the Court from the Investigating Officer

          about the case, the Investigating Officer also very fairly submitted

          that the cause of death is asphyxia on account of drowning. It is

          further submitted that even the statement of the daughter of the

          victim was recorded wherein she stated that on the date of

          occurrence she was in the school and she was informed that her

          mother was unwell, as such, she came to the house but did not find

          her mother but then she also disclosed that a day before she had

          heard her grandmother talking to her uncle and were discussing

          how to kill the victim. It is next submitted that during the course of

          investigation, no such call from the grandmother to the uncle of

          the daughter of the victim had gone.

                       7. At this stage, learned counsel appearing on behalf of

          the petitioners submits that the victim had gone to the river for

          taking bath where she got drowned but then for reasons best

          known the informant falsely implicated the accused persons

          including the petitioners excluding the husband of the victim
           Patna High Court CR. MISC. No.86133 of 2025(5) dt.07-04-2026
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                     which casts an aspersion on the case of the prosecution.

                                  8. Learned A.P.P. for the State opposes the prayer for

                     anticipatory bail of the petitioners but then fairly submits that the

                     cause of death as recorded in the postmortem report is asphyxia on

                     account of drowning.

                                  9. After hearing the learned counsel for the parties, let

                     the petitioners, above-named, in the event of their arrest or

                     surrender within a period of six weeks from today, be released on

                     anticipatory bail on furnishing bail bonds of Rs.10,000/- (Rupees

                     Ten Thousand) each with two sureties of the like amount each to

                     the satisfaction of the learned Trial Court where the case is

                     pending/Successor Court in connection with Bikram P.S. Case No.

                     470 of 2025, subject to the conditions as laid down under Section

                     438(2) of the Cr.P.C./482(2) of the B.N.S.S.

                                 10. The personal appearance of the Investigating Officer

                     of the case is dispensed with.


                                                                          (Satyavrat Verma, J)

Kundan/-

U     T


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