Created by Fuzzy Cloud

Patna High Court

SIMA DEVI @ SIMA KUMARIversusThe State of Bihar

Decided
Disposal
ALLOWED

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

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/-

U      T


Continue reading with your account

Sign in to read the full judgment. It’s free.

Sign in to read

Checking your session…

For a signed copy suitable for filing, refer to the court's website.