Patna High Court
SIMA DEVI @ SIMA KUMARIversusThe State of Bihar
- Decided
- Disposal
- ALLOWED
- Bench
- HARISH KUMAR
Holding
The court granted pre‑arrest bail to the petitioners subject to statutory conditions.
Summary
The petitioners, Sima Devi and Chhotu Kumar, sought pre‑arrest bail in a case (Shahkund P.S. Case No. 211 of 2023) alleging their involvement in offences under Sections 302, 328 and 34 of the Indian Penal Code. The prosecution’s case rests on a fard‑beyan by an informant who claimed his son died after consuming poison, and the informant’s affidavit implicated the petitioners. The petitioners argued that the informant was not an eye‑witness, that the deceased had voluntarily ingested the poison, and that they have a clean antecedent. The court noted that the post‑mortem report supported death by poisoning and that the case was based largely on suspicion, and therefore granted bail subject to a bond of Rs.10,000 with two sureties and conditions under Section 482(2) of the Bharatiya Nagrik Suraksha Sanhita, 2023. The State’s opposition to bail was overruled.
Issues considered
- Whether pre‑arrest bail should be granted when the evidence consists mainly of suspicion, an informant’s affidavit, and a post‑mortem indicating death by poison.
Legislation cited
- Bharatiya Nagrik Suraksha Sanhita, 2023 — s. 482
- Indian Penal Code — s. 302, 328, 34
Subjects
- pre‑arrest bail
- suspicion
- affidavit
- poisoning
- Indian Penal Code
- Bharatiya Nagrik Suraksha Sanhita
- Section 482
- fair antecedent
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.91301 of 2025
Arising Out of PS. Case No.-211 Year-2023 Thana- SHAHKUND District- Bhagalpur
======================================================
1. Sima Devi @ Sima Kumari W/O Late Niraj Mandal R/o Mohalla - Shanti
Nagar, P.S.- Shahkund, Distt.- Bhagalpur
2. Chhotu Kumar @ Shailesh Kumar S/o Shri Nawal Mandal R/o vill -
Lakhanpur, P.s.- Asarganj, Distt.- Munger
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Deepak Kumar, Adv.
For the Opposite Party/s : Mr. Satyendra Narayan Singh, APP.
======================================================
CORAM: HONOURABLE MR. JUSTICE HARISH KUMAR
ORAL ORDER
2 28-01-2026 Heard Mr. Deepak Kumar, learned Advocate
appearing on behalf of the petitioners and Mr. Satyendra
Narayan Singh, learned Additional Public Prosecutor for the
State.
2. The petitioners are apprehending their arrest in
connection with Shahkund P.S. Case No. 211 of 2023, registered
for the offences punishable under Sections 302, 328 and 34 of
the Indian Penal Code.
3. Based upon the fardbeyan, the informant alleged
that his son Jitendra Kumar, who had been working in Delhi had
come to home about one and half months ago. Just a day before,
the petitioner no. 1 had called his son at her house and gave
something to eat and thereafter her brother has driven him out
from the house. Later on, he started making a complaint of
severe pain in his stomach and thus, was taken to hospital.
Patna High Court CR. MISC. No.91301 of 2025(2) dt.28-01-2026
2/3
However, in course of treatment, his son died on 23.04.2023.
4. Learned Advocate appearing on behalf of the
petitioners submitted that admittedly the informant was not an
eye witness to the alleged occurrence, but only on account of the
suspicion, the name of the petitioners have been implicated in
this case. In fact, the petitioner no. 1 is a widow lady and the
deceased was none else but her dewar, who was in love with the
petitioner no. 1, but once the said relationship has not been
accepted by the family members; on account of the aforesaid
reason he consumed some poisonous substance, which resulted
into his death. The aforesaid fact has also been admitted by the
informant, who has submitted an affidavit before the
investigating officer, which fact has also been recorded in
paragraph no. 116 of the case diary. The post-mortem report also
suggest that the deceased died on account of consumption of
some poisonous substance. There was no mark of any injury
over the body of the deceased. The petitioners are persons of
fair antecedent and they undertake that they will fully cooperate
in the proceeding of the Court.
5. On the other hand, learned Advocate for the State
vehemently opposed the pre-arrest bail application, however it
is submitted that the submission of the petitioners are required
to be verified by the jurisdictional Court.
Patna High Court CR. MISC. No.91301 of 2025(2) dt.28-01-2026
3/3
6. Having considered the submissions advanced by
learned Advocate for the respective parties and taking note of
the fact that the entire case is based upon the suspicion and the
post-mortem report suggest that deceased died on account of
consumption of poisonous substance as well as the affidavit
filed by the informant to the extent that the deceased himself
consumed the poisonous substance as also the fair antecedent of
the petitioners, let the petitioners above named be released on
bail, in the event of his arrest or surrender before the court
below within a period of four weeks from the date of
receipt/production of a copy of this order, upon furnishing bail
bonds of Rs.10,000/- (ten thousand) with two sureties of the like
amount each to the satisfaction of the learned A.C.J.M.-II,
Bhagalpur in connection with Shahkund P.S. Case No. 211 of
2023, subject to the conditions laid down in Section 482(2) of
the Bharatiya Nagrik Suraksha Sanhita, 2023 with the further
condition that one of the bailors shall be the own/close family
members of the petitioners.
(Harish Kumar, J)
supratim/-
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