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Patna High Court

Manisha DeviversusThe State of Bihar

Decided
Disposal
BAIL GRANTED

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

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
Patna High Court CR. MISC. No.88396 of 2025(2) dt.19-01-2026
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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
               Patna High Court CR. MISC. No.88396 of 2025(2) dt.19-01-2026
                                                           4/4




                         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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