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Patna High Court

Sarita Kumari @ Sarita DeviversusThe State of Bihar

Decided
Disposal
BAIL GRANTED

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.
Patna High Court CR. MISC. No.90005 of 2025(3) dt.20-02-2026
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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.
Patna High Court CR. MISC. No.90005 of 2025(3) dt.20-02-2026
                                            3/4




                       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
            Patna High Court CR. MISC. No.90005 of 2025(3) dt.20-02-2026
                                                        4/4




                                                      petitioner will be liable to be cancelled

                                                      by the court concerned.



                                                (Arun Kumar Jha, J)

    DKS/-

U       T


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