Patna High Court
Manorma DeviversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- PRABHAT KUMAR SINGH
Holding
The Court granted anticipatory bail to the petitioner subject to the stipulated conditions.
Summary
Manorma Devi, an ASHA worker, was implicated in a murder case (IPC Sections 304/34) after a woman she was transporting to a hospital died during delivery. The informant alleged that she, along with others, caused the death. The petitioner contended she had no involvement and that no material on record linked her to the crime. The State opposed her anticipatory bail application. The Court, after considering the lack of incriminating evidence and her clean antecedents, granted anticipatory bail, directing that if she is arrested within eight weeks she may be released on a bail bond of Rs.10,000 with two sureties, subject to conditions under Section 482(2) of the Bharatiya Nagarik Suraksha Sanhita, 2023.
Issues considered
- Whether anticipatory bail can be granted in a case of alleged murder under IPC Sections 304 and 34.
- Whether the prosecution has produced sufficient material to deny bail to the petitioner.
- Whether the conditions prescribed under Section 482(2) of the Bharatiya Nagarik Suraksha Sanhita, 2023, are applicable.
Legislation cited
- Bharatiya Nagarik Suraksha Sanhita, 2023 — s. 482(2)
- Indian Penal Code — s. 304, 34
Subjects
- anticipatory bail
- murder
- IPC 304
- IPC 34
- Bharatiya Nagarik Suraksha Sanhita
- bail conditions
- ASHA worker
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.91534 of 2025
Arising Out of PS. Case No.-222 Year-2021 Thana- RANIGANJ District- Araria
======================================================
Manorma Devi Wife of Rajesh Goswami Resident of village - Hansa Ward
No.- 09, Police Station - Raniganj, District - Araria.
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Mukesh Kumar Rana, Advocate
For the Opposite Party/s : Mr. Pramod Kumar Pandey, A.P.P.
======================================================
CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH
ORAL ORDER
2 19-01-2026 Heard learned counsel for the petitioner and the State.
2. Petitioner apprehends arrest in a case registered for
the offences punishable under Sections 304/34 of the Indian
Penal Code.
3. Prosecution case, in brief, is that petitioner, who is
an ASHA worker, took the sister of informant to hospital for her
delivery but upon arrival, doctor declared her dead. Informant
suspects that this petitioner along with other accused persons
killed her sister.
4. Learned counsel for the petitioner submits that
petitioner is innocent and has committed no offence. There is no
material available on record to show complicity of this
petitioner in the alleged offence. It is further submitted that
though F.I.R. was registered under Section 304/34 IPC but
Patna High Court CR. MISC. No.91534 of 2025(2) dt.19-01-2026
2/2
police, after investigation, submitted final form against the
petitioner. Petitioner is lady and claims clean antecedent.
5. Learned A.P.P. for the State vehemently opposed
the bail application.
6. Considering aforesaid facts and circumstances of
the case, this anticipatory bail is allowed and it is ordered that
let the above named petitioner in the event of her
arrest/surrender before the court below within a period of eight
weeks from today, be enlarged on bail on furnishing bail-bond
of Rs. 10,000/- (ten thousand) with two sureties of the like
amount each to the satisfaction of Sub-Divisional Judicial
Magistrate, Araria in connection with Raniganj P. S. Case No.
222 of 2021, subject to condition as laid down under Section
482(2) of the Bharatiya Nagarik Suraksha Sanhita, 2023.
(Prabhat Kumar Singh, J)
Navya/-
U T
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