Patna High Court

Kumari Anshu Kumari@Anshu KumariversusThe State of Bihar

Decided: 10 February 2026
Disposal: BAIL REJECTED
Bench: PRABHAT KUMAR SINGH

Holding

Pre‑arrest bail was denied as the court was not convinced of the petitioners' eligibility for bail given the seriousness of the charges.

Summary

The petitioners, Kumari Anshu Kumari and Kumari Chandul Devi, sought pre‑arrest bail after being implicated in an FIR alleging they, along with others, assaulted the husband of an informant, resulting in his death. The charge sheet cites offences under sections 103(1) and 302(5) of the Indian Penal Code. The court examined the seriousness of the allegations, noting the gravity of the alleged murder and the involvement of the petitioners as principal assailants. Considering the nature of the accusation and the potential for the accused to tamper with evidence or influence witnesses, the court found no sufficient ground to grant bail. Consequently, the petition for pre‑arrest bail was rejected.

Issues considered

Whether the petitioners are entitled to pre‑arrest bail in a case involving alleged murder and abetment under IPC sections 103(1) and 302(5).

Legislation cited

Indian Penal Code — s. 103, 302

Subjects

pre‑arrest bail
IPC
section 103
section 302
murder
criminal procedure

Judgment

                         IN THE HIGH COURT OF JUDICATURE AT PATNA
                                CRIMINAL MISCELLANEOUS No.88209 of 2025
                         Arising Out of PS. Case No.-19 Year-2025 Thana- ROSERA District- Samastipur
                  ======================================================
            1.     Kumari Anshu Kumari@Anshu Kumari D/O Dilip Sah R/O Village- Thatia,
                   Ward No. 14, Near Brahmsthan P.O.- Rosera, P.S.- Rosera, District-
                   Samastipur- 848210
            2.    Kumari Chandul@Chandula Devi W/O Dilip Sah R/O Village- Thatia, Ward
                  No. 14, Near Brahmsthan P.O.- Rosera, P.S.- Rosera, District- Samastipur-
                  848210

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

                                                         ... ... Opposite Party/s
                  ======================================================
                  Appearance :
                  For the Petitioner/s     :         Mr. Abhay Kumar , Advocate
                  For the Opposite Party/s :         Mr. Anant Kumar 1, APP
                  ======================================================
                  CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH
                                        ORAL ORDER

2    10-02-2026                          Heard learned counsel for the petitioners and the
                    State .
                                  2. Petitioners apprehend arrest in a case registered for
                    the offence punishable under sections 103 (1) and 3 (5) of IPC .
                                  3 . As per F.I.R. these petitioners along with other co-
                    accused persons assaulted husband of informant as a result of
                    which he died. Petitioners appears to be assailants of deceased.
                                  4. Considering the nature of accusation , and gravity
                    of     offence , prayer for pre-arrest bail of the petitioners is
                    rejected.



                                            (Prabhat Kumar Singh, J)
Koushik/-

U      T

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