Sushma Devi @ Sushma Kumari Vs The State of Bihar — Murder and Culpable Homicide | Patna HC (2025)

Sushma Devi @ Sushma Kumari Vs The State of Bihar — Murder and Culpable Homicide | Patna HC (2025)

What the court decided

AI extract

Outcome

Anticipatory bail granted: in the event of arrest/surrender within eight weeks, the petitioner to be enlarged on bail on furnishing bail-bond of Rs. 10,000/- with two sureties of the like amount each to the satisfaction of learned S.D.J.M., Dehri, Rohtas in connection with Akorhigola P.S. Case No. 02 of 2025, subject to the conditions laid down under Section 482(2) of the B.N.S.S.

Issue for consideration

Whether the petitioner, who apprehends arrest in a case (Akorhigola P.S. Case No. 02 of 2025) registered for offences punishable under Sections 191(2), 191(3), 190, 126(2), 115(2), 117(2), 109 and 103 of the B.N.S., is entitled to anticipatory bail.

Court's answer

Considering the facts and circumstances of the case, the general and omnibus nature of the accusation and the clean antecedents of the petitioner, the prayer for grant of anticipatory bail to the petitioner is allowed.

Ratio / Principle

In the event of arrest or surrender within a period of eight weeks, the petitioner is to be enlarged on bail on furnishing a bail-bond of Rs. 10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of the learned S.D.J.M., Dehri, Rohtas in connection with Akorhigola P.S. Case No. 02 of 2025.

Key takeaways

The enlargement on bail is subject to the conditions laid down under Section 482(2) of the B.N.S.S.ratio¶20

Detailed headnote1 paragraphs

Anticipatory bail granted (Patna High Court, Prabhat Kumar Singh, J) — Petitioner, a lady claiming clean antecedents, apprehended arrest in Akorhigola P.S. Case No. 02 of 2025 (Thana Akhodhigola, District Rohtas), registered for offences punishable under Sections 191(2), 191(3), 190, 126(2), 115(2), 117(2), 109 and 103 of the B.N.S., arising out of an incident of 01.01.2025 in which the informant's wife died during treatment; the Court, considering the facts and circumstances of the case, the general and omnibus nature of the accusation and the clean antecedents of the petitioner, allowed the prayer for anticipatory bail — petitioner to be enlarged on bail in the event of arrest/surrender within eight weeks on furnishing bail-bond of Rs. 10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of the learned S.D.J.M., Dehri, Rohtas, subject to the conditions laid down under Section 482(2) of the B.N.S.S.

IN THE HIGH COURT OF JUDICATURE AT PATNA CRIMINAL MISCELLANEOUS No.43869 of 2025

Arising Out of PS. Case No.-2 Year-2025 Thana- AKHODHIGOLA District- Rohtas

======================================================

Sushma Devi @ Sushma Kumari S/o Dinesh Prasad Yadav, W/o Jay Prakash Kumar R/o Village- Janta Bigha, P.S.- Akodhigola (Rohtas), Distt- Rohtas at Sasaram

... ... Petitioner/s

Versus

The State of Bihar

... ... Opposite Party/s ====================================================== Appearance : For the Petitioner : Ms. Swati Parmar, Advocate For the State : Mr. Nirmal Kumar Sinha, APP ======================================================

CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH ORAL ORDER

3 04-11-2025

Heard learned counsel appearing on behalf of the petitioner and learned APP appearing on behalf of the State.

The petitioner apprehends her arrest in a case registered for the offence punishable under Sections 191(2), 191(3), 190, 126(2), 115(2), 117(2), 109 and 103 of the B.N.S..

As per prosecution case, it is alleged that on 01.01.2025 at about 5 PM, all the F.I.R. named accused persons, including this petitioner, armed with lathi , danda and iron rod, came to the house of informant and started abusing wife of informant. Upon objection, all the F.I.R. named accused persons, including this petitioner, assaulted informant and his family members as a result of which they sustained injuries and during course of treatment, wife of informant died.

Patna High Court CR. MISC. No.43869 of 2025(3) dt.04-11-2025 2/3

It is submitted by learned counsel appearing on behalf of the petitioner that petitioner is quite innocent and has committed no offence. As a matter of fact, on account of petty dispute over drainage of water, simple scuffle took place between the parties. From bare perusal of the F.I.R. it is apparent that specific accusation of assaulting wife of informant is against other co-accused persons. So far as this petitioner is concerned, no specific accusation of overt act has been alleged against her. Petitioner is a lady and claims clean antecedents.

Learned A.P.P. for the State has vehemently opposed the prayer for grant of anticipatory bail to the petitioner.

Considering the facts and circumstances of the case, general and omnibus nature of accusation and clean antecedents of the petitioner, the prayer for grant of anticipatory bail to the petitioner is allowed.

Accordingly, in the event of arrest/surrender within a period of eight weeks from today, let the above named petitioner 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 learned S.D.J.M., Dehri, Rohtas in connection with Akorhigola P.S. Case No. 02 of 2025, subject to

Patna High Court CR. MISC. No.43869 of 2025(3) dt.04-11-2025 3/3

condition as laid down under Section 482(2) of the B.N.S.S..

(Prabhat Kumar Singh, J)

shashank/-

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