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Patna High Court

Geeta Devi @ Gita DeviversusThe State of Bihar

Decided
Disposal
BAIL GRANTED

Holding

The court held that, owing to the vague accusations, lack of material evidence and the substantial delay in filing the FIR, the petitioners are entitled to anticipatory bail.

Summary

The petitioners—Geeta Devi, Deepak Sah and Manisha Devi—sought anticipatory bail after the police registered a case under Sections 108 and 3(5) of the B.N.S. alleging that Manisha Devi’s alleged illicit relationship and subsequent events led to the suicide of a son of the informant. The prosecution’s narrative linked the petitioners to mental harassment of the deceased, but the petitioners contended they were innocent, that the deceased died by hanging, and that the FIR was lodged after an inordinate delay of 68 days. The court noted the general and omnibus nature of the accusations, the lack of direct evidence, and the delay in filing the FIR, which cast doubt on the prosecution’s case. Consequently, the court allowed the prayer for anticipatory bail, directing that bail be granted upon furnishing a bond of Rs.10,000 with two sureties, subject to Section 482(2) of the B.N.S.S. The order applies if arrest occurs within eight weeks of the judgment.

Issues considered

  • Whether anticipatory bail is appropriate in a case under Sections 108 and 3(5) of the B.N.S. given the factual matrix
  • Whether the 68‑day delay in lodging the FIR defeats the prosecution’s case
  • Whether the petitioners can be held liable for alleged mental harassment leading to the deceased’s suicide

Legislation cited

Subjects

  • anticipatory bail
  • suicide
  • delay in FIR
  • false implication
  • mental harassment
  • criminal procedure

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.90409 of 2025
                        Arising Out of PS. Case No.-194 Year-2025 Thana- Lakho District- Begusarai
                 ======================================================
           1.     Geeta Devi @ Gita Devi Wife of Late Dilip Sah R/o Village - Khatopur,
                  Lalu Nagar(Lalo Nagar), P.S. - Lakho, District - Begusarai.
           2.    Deepak Sah @ Dipak Sah @ Dipak Kumar Son of Late Dilip Sah R/o
                 Village - Khatopur, Lalu Nagar(Lalo Nagar), P.S. - Lakho, District -
                 Begusarai.
           3.    Manisha Devi @ Manisha Kumari @ Manisha Gupta D/o Late Dilip Sah,
                 Wife of Putul Kumar @ Pawan @ Putul Kumar Gupta @ Pawan Gupta @
                 Putul R/o Village - Khatopur, Lalu Nagar(Lalo Nagar), P.S. - Lakho, District
                 - Begusarai.

                                                                                     ... ... Petitioner/s
                                                         Versus

                 The State of Bihar

                                                        ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioners      :        Mr. Sandip Kumar Gautam, Advocate
                 For the State            :        Mr. Ajit Kumar, APP
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH
                                       ORAL ORDER

3   16-03-2026                  Heard learned counsel appearing on behalf of the

                   petitioners and learned APP appearing on behalf of the State.

                                2. The petitioners apprehend their arrest in a case

                   registered for the offence punishable under Sections 108 and

                   3(5) of the B.N.S..

                                3. The prosecution case, in brief, is that marriage of

                   son of informant, namely Putul Kumar, was solemnized with

                   Petitioner No. 3, namely Manisha Devi, in the year 2007 and

                   both of them had two children out of their wedlock. It is alleged

                   that Petitioner No. 3 had illicit relations with one Shyam Mahto
Patna High Court CR. MISC. No.90409 of 2025(3) dt.16-03-2026
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          and when the same was opposed, she eloped with Shyam Mahto

          on 07.07.2025 and after social pressure, she came back on

          08.07.2025. Thereafter, the complaint complained about the

          entire incident to Petitioner No. 1, who happens to be mother of

          Petitioner No. 3 and Petitioner No. 1 told him to send her

          daughter and son of informant to Begusarai and accordingly, he

          sent his son and daughter-in-law to Begusarai. On 12.07.2025 at

          about 9 AM, Petitioner No. 2, who happens to be son of

          Petitioner No. 1 and brother of Petitioner No. 3, informed the

          informant that his son has died and they are sending his dead

          body for post mortem. However, when the informant reached

          Begusarai, the accused persons had already taken the dead body

          of this son for cremation and the informant, with the help of

          police, took the dead body of his son to Darjeeling. Informant

          believes that all the F.I.R. named accused persons, including

          these petitioners, have mentally harassed his son and killed him.

                       4. It is submitted by learned counsel appearing on

          behalf of the petitioners that petitioners are quite innocent and

          have committed no offence. Informant is not an eye witness to

          the occurrence. Petitioner No. 1 happens to be mother-in-law,

          Petitioner No. 2 happens to be brother-in-law and Petitioner No.

          3 happens to be wife of the deceased. As a matter of fact, the
Patna High Court CR. MISC. No.90409 of 2025(3) dt.16-03-2026
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          deceased committed suicide and petitioners have falsely been

          implicated in this case merely on suspicion. There is no material

          on record to suggest any active or direct role played by these

          petitioners in agitating the deceased to commit suicide. The

          present F.I.R. has been lodged after inordinate delay of 68 days

          and there is no plausible explanation for the same, which itself

          makes the entire prosecution case doubtful. Even as per post

          mortem report, case of death is Asphyxia as a result of hanging.

                       5. Learned A.P.P. for the State has vehemently

          opposed the prayer for grant of anticipatory bail to the

          petitioners.

                       6. Considering the facts and circumstances of the

          case, general and omnibus nature of accusation, materials

          available on record and delay in lodging of the F.I.R., the prayer

          for grant of anticipatory bail to the petitioners is allowed.

                       7. Accordingly, in the event of arrest/surrender within

          a period of eight weeks from today, let the above named

          petitioners be enlarged on bail on furnishing bail-bond of Rs.

          10,000/- (ten thousand) each with two sureties of the like

          amount each to the satisfaction of learned Judicial Magistrate,

          1st Class, Begusarai in connection with Lakho P.S. Case No. 194

          of 2025, subject to condition as laid down under Section 482(2)
             Patna High Court CR. MISC. No.90409 of 2025(3) dt.16-03-2026
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                       of the B.N.S.S..



                                             (Prabhat Kumar Singh, J)
shashank/-

U      T


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