Patna High Court
Geeta Devi @ Gita DeviversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- PRABHAT KUMAR SINGH
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
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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
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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)
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of the B.N.S.S..
(Prabhat Kumar Singh, J)
shashank/-
U T
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