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Patna High Court

Payal Kumari @ Sandhya KumariversusThe State of Bihar

Decided
Disposal
BAIL GRANTED

Holding

The court held that anticipatory bail should be granted to the petitioner given her personal circumstances and lack of prior criminal record.

Summary

The petitioner, Payal Kumari, sought anticipatory bail in connection with a case alleging her involvement in her husband's suicide, charged under Sections 103(1), 3(5) and 305 of the B.N.S. The State and the informant opposed the bail, arguing the seriousness of the allegations. The petitioner’s counsel contended her innocence and clean antecedents. The court, noting the petitioner’s status as a woman and wife of the deceased and the lack of prior criminal record, allowed the anticipatory bail. The bail was conditioned on a bond of Rs.10,000 with two sureties and compliance with Section 438(2) of the CrPC and Section 482 of the B.N.S.

Issues considered

  • Whether the petitioner is entitled to anticipatory bail under Section 438 of the CrPC and Section 482 of the B.N.S. despite the allegations of involvement in a suicide.
  • Whether the petitioner’s personal circumstances and clean antecedents justify granting bail.

Legislation cited

Subjects

  • anticipatory bail
  • Section 438 CrPC
  • Section 482 B.N.S.
  • suicide
  • women
  • bail conditions
  • Criminal Procedure

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.90976 of 2025
                       Arising Out of PS. Case No.-25 Year-2025 Thana- Lalmatia District- Bhagalpur
                 ======================================================
                 Payal Kumari @ Sandhya Kumari W/O Late Sandeep Kumar, D/O Narendra
                 Prasad Yadav @ Narendra Yadav Resident Of Village- Madhura, Police
                 Station- Tarapur, Dist.- Munger

                                                                                     ... ... Petitioner/s
                                                         Versus
                 The State of Bihar Patna

                                                        ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s       :      Mr.Kamal Kumar Sinha, Advocate
                 For the State              :      Mr.Aditya Narayan Singh.1, APP
                 For the Informant          :      Mr.Subodh Pd. Advocate
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE SANDEEP KUMAR
                                       ORAL ORDER

2   28-01-2026                           Heard learned counsel for the petitioner, learned

                   counsel for the informant and learned APP for the State.

                                    2. The petitioner apprehends her arrest in

                   connection with Lalmatiya P.S. Case No. 25 of 2025 registered

                   for the offence under Sections 103(1), 3(5) and 305 of the

                   B.N.S.

                                    3. As per the prosecution case, petitioner is the

                   wife of the deceased and the allegation is that the deceased

                   committed suicide because of her.

                                        4. It has been submitted by the learned counsel for

                   the petitioner that the petitioner is innocent and he has falsely

                   been implicated in this case. Petitioner has clean antecedent.

                                        5. Learned A.P.P. for the State and learned counsel
              Patna High Court CR. MISC. No.90976 of 2025(2) dt.28-01-2026
                                                          2/2




                        for the informant have jointly opposed the prayer for

                        anticipatory bail of the petitioner.

                                        6. Considering the aforesaid submissions and the

                        fact that the petitioner is a women and wife of the deceased, this

                        application is allowed.

                                        7. Let the petitioner, above named, in the event of

                        her arrest or surrender before the concerned Court below within

                        four weeks from today, be released on bail on furnishing bail

                        bond of Rs. 10,000/- (Ten Thousand) with two sureties of the

                        like amount each to the satisfaction of the learned Judicial

                        Magistrate 1st Class, Bhagalpur/ concerned Court below in

                        connection with Lalmatiya P.S. Case No. 25 of 2025, subject to

                        the conditions laid down in Section 438(2) of the Code of

                        Criminal Procedure, 1973 / Section 482 of the BNSS.



                                                   (Sandeep Kumar, J)
tusharika/-

U       T


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