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Patna High Court

Manorma DeviversusThe State of Bihar

Decided
Disposal
BAIL GRANTED

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

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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