Patna High Court
Payal Kumari @ Sandhya KumariversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- SANDEEP KUMAR
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
- B.N.S. — s. 103(1), 305, 3(5), 482
- Code of Criminal Procedure, 1973 — s. 438(2)
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
Checking your session…