Patna High Court
Manisha DeviversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- RAJESH KUMAR VERMA
Holding
Bail was granted to the petitioner subject to specified conditions.
Summary
Manisha Devi was arrested in connection with a case alleging she assaulted the informant’s daughter, leading to the victim’s death. She was charged under several sections of the B.N.S., the Dowry Prohibition Act, and later an additional section of the B.N.S. The petitioner argued she has no prior criminal record and was implicated solely because she is the sister‑in‑law of the deceased, with the FIR containing only a generic allegation against all accused. The court noted the absence of any specific allegation against her, the delay in filing the FIR, and her clean antecedent. Consequently, the court granted bail on a bond of Rs.10,000 with two sureties, imposing conditions of cooperation with the trial, presence in court, and non‑tampering with evidence. The bail order also directed that verification of her antecedents should not delay the acceptance of the bond.
Issues considered
- Whether bail should be granted to the petitioner given the nature of the charges and the lack of specific allegations against her.
Legislation cited
- B.N.S. — s. 109, 115(2), 126(2), 3(5), 80, 85
- Dowry Prohibition Act — s. ¾
Subjects
- bail
- criminal procedure
- clean antecedent
- false implication
- Dowry Prohibition Act
- B.N.S. sections
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.88396 of 2025
Arising Out of PS. Case No.-325 Year-2025 Thana- BACHHWARA District- Begusarai
======================================================
Manisha Devi W/O Vikash Kumar R/V - Rachiyahi Rasidpur, P.S-
Bacchawara, District - Begusarai
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Ajay Kumar, Advocate
For the Informant : Mr. Sandeep Kumar Gautam, Advocate
For the State : Mr. Syed Ehteshamuddin, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE RAJESH KUMAR VERMA
ORAL ORDER
2 19-01-2026 Heard Mr. Ajay Kumar, learned counsel for the
petitioner, Mr. Sandeep Kumar Gautam, learned counsel for the
Informant and Mr. Syed Ehteshamuddin, learned APP for the
State.
2. Petitioner seeks bail, who is in custody since
08.09.2025, in connection with Bachhwara P.S. Case No. 325 of
2025, F.I.R. dated 07.09.2025 registered for the offences
punishable under Sections 115(2), 126(2), 109, 85, 3(5) of the
B.N.S., Section ¾ of the Dowry Prohibition Act and later on
Section 80 of the B.N.S. was added.
3. Allegation against the petitioner is that she along
Patna High Court CR. MISC. No.88396 of 2025(2) dt.19-01-2026
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with others assaulted the informant’s daughter and left her in an
unconscious state near her mousi’s house and later the victim
died.
4. Learned counsel for the petitioner submits that the
petitioner has clean antecedent and he has been falsely
implicated in the present case merely on the ground that she is
sister-in-law of the deceased. From perusal of the F.I.R. it
appears that there is no specific allegation of any assault or
overt act against the petitioner rather there is general and
omnibus allegation against all the accused persons including the
petitioner and in fact the petitioner is living separately from the
deceased and her husband. He further submits that the date of
occurrence as alleged in the F.I.R. is 31.08.2025 but the present
F.I.R. was instituted on 07.09.2025 after delay of seven days
without giving any explanation of delay and the police after
investigation submitted chargesheet against the petitioner and
the petitioner is in custody since 08.09.2025.
5. The learned Additional Public Prosecutor for the
State as well as learned counsel for the Informant, on the other
hand, vehemently opposed the prayer for bail of the petitioner.
6. Considering the facts and circumstances of the case
and the fact that the petitioner having clean antecedent and she
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has been made accused merely on the ground that she is sister-
in-law of the deceased and she is living separately from the
family member of the deceased and there is no specific
allegation against the petitioner in the F.I.R., let the petitioner,
above named, be released on bail on furnishing bail bond of Rs.
10,000/- (Rupees Ten Thousand) with two sureties of the like
amount each to the satisfaction of learned Chief Judicial
Magistrate, Begusarai in connection with Bachhwara P.S. Case
No. 325 of 2025, subject to the following conditions :-
(1) Petitioner shall co-operate in the trial and shall be
properly represented on each and every date fixed by the Court
and shall remain physically present as directed by the Court and
on her absence on two consecutive dates without sufficient
reason, her bail bond shall be cancelled by the Court below.
(2) If the petitioner tampers with the evidence or the
witness, in that case, the prosecution will be at liberty to move
for cancellation of bail.
(3) And, further condition that the court below shall
verify the criminal antecedent of the petitioner and in case at
any stage, it is found that the petitioner has concealed her
criminal antecedents, the court below shall take step for
cancellation of bail bond of the petitioner. However, the
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acceptance of bail bonds in terms of the above-mentioned order
shall not be delayed for purpose of or in the name of
verification.
(Rajesh Kumar Verma, J)
Ibrar//-
U T
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