Patna High Court
Sarita Kumari @ Sarita DeviversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- ARUN KUMAR JHA
Holding
The court granted bail to the petitioner subject to conditions under Section 480(3) of the B.N.S.
Summary
The petitioner, Sarita Kumari, was accused of murdering her husband based on an informant's allegation that she and her family killed him to claim his share. The prosecution alleged a conspiracy, while the petitioner’s counsel argued she was falsely implicated, highlighting a clean antecedent and the absence of any material linking her to the crime. The post‑mortem report indicated the deceased died after consuming liquor containing ethyl and methyl alcohol, suggesting death by poisonous liquor rather than homicide. Considering the charge sheet, the viscera report, the petitioner’s gender, clean record, and period of custody, the court decided to grant bail. Bail was ordered on a bond of Rs. 10,000 with two sureties and subject to conditions under Section 480(3) of the B.N.S., including presence in court and potential cancellation for non‑compliance.
Issues considered
- Whether the evidence on record establishes a prima facie case of murder warranting denial of bail.
- Whether the post‑mortem findings indicating death due to poisonous liquor negate the prosecution’s case.
- Whether bail should be granted under Section 480(3) of the B.N.S. considering the petitioner’s gender, clean antecedent, and custody period.
Legislation cited
- B.N.S. — s. 103(1), 3(5), 480(3)
Subjects
- bail
- false implication
- post‑mortem report
- poisonous liquor
- clean antecedent
- gender considerations
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.90005 of 2025
Arising Out of PS. Case No.-122 Year-2025 Thana- WARISNAGAR District- Samastipur
======================================================
Sarita Kumari @ Sarita Devi Wife of Late Vijay Kumar Ram R/o Village -
Dhurlakh, P.S.- Warisnagar, District - Samastipur.
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Brahmaputra Singh Ishu, Advocate
Ms.Poonam Kumari, Advocate
For the Opposite Party/s : Mr.Mritunjay Kumar Nirala, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE ARUN KUMAR JHA
ORAL ORDER
3 20-02-2026 Heard learned counsel for the petitioner and learned
APP for the State.
02. In the present case, the petitioner seeks bail in
connection with Sessions Trial No. 681 of 2025, arising out of
Warisnagar P.S. Case No. 122 of 2025 registered for the alleged
offences under Sections 103(1), 3(5) of B.N.S.
03. As per prosecution case, the informant alleged that
his brother went to his matrimonial home where his sister-in-law
has been staying and subsequently, he received information
from the sister-in-law (petitioner herein) about death of his
brother. He showed his suspicion that the petitioner and her
family members murdered his brother.
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04. Learned counsel for the petitioner submits that the
petitioner is innocent and has been falsely implicated in this
case. There is no material to show that the petitioner or her
family members killed the husband of the petitioner. No
occurrence in the manner as alleged has ever taken place. The
informant in order to grab the share of his deceased brother has
lodged this false case implicating the petitioner, who is having
two infant children. Learned counsel further submits that in the
postmortem report no opinion regarding the cause of death has
been given and the viscera has been preserved. Thereafter,
viscera report has been received wherein it has been mentioned
that Ethyl alcohol and Methyl alcohol were detected in the
contents of plastic jar. It has also been mentioned that the Ethyl
alcohol is the chief intoxicating ingredient of all alcoholic
beverages while, Methyl alcohol is poisonous in nature and the
simple inference is that the husband of the petitioner consumed
alcoholic beverages containing poison and died due to this
consumption. The petitioner is in custody since 27.05.2025 and
she bears clean antecedent. Charge sheet has been
submitted.
05. Learned APP opposes the submission made on
behalf of the petitioner.
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06. Having regard to the facts and circumstances and
submissions made on behalf of the parties and considering the
fact that the petitioner is a lady and further considering the
submission of charge sheet, her clean antecedent and period of
custody and also considering the viscera report of the deceased
showing the death might have been caused due to consumption
of poisonous liquor, the petitioner above named is directed to be
released on bail on furnishing bail bonds of Rs. 10,000/- (Ten
Thousand) with two sureties of the like amount each to the
satisfaction of learned Additional District & Sessions Judge-II,
Samastipur/concerned Court in connection with Sessions Trial
No. 681 of 2025, arising out of Warisnagar P.S. Case No. 122 of
2025, subject to the conditions mentioned in Section 480(3) of
B.N.S.S. and also the following conditions:
(i) One of the bailors will be a close
relative of the petitioner.
(ii) The petitioner will remain present
on each and every date fixed by the
court below.
(iii) In case of absence on three
consecutive dates or in violation of the
terms of the bail, the bail bond of the
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petitioner will be liable to be cancelled
by the court concerned.
(Arun Kumar Jha, J)
DKS/-
U T
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