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Mina Devi v. The State of Bihar

Patna HC15 Jul 2026CR. MISC./29759/2026

Case brief

AI extract

What is this about?

Anticipatory bail; Mina Devi v. The State of Bihar; Patna High Court Cr. Misc. No. 29759 of 2026, arising out of Sonbarsa P.S. Case No. 311 of 2025, District Sitamarhi; decided 15-07-2026 by Hon'ble Mr. Justice Ajit Kumar; offence under Sections 103(1), 238(a), 3(5) BNS; bail granted as petitioner is a lady; bail bond Rs. 10,000/- with two like sureties; conditions under Section 482(2) BNSS plus four additional conditions.

What did the court decide?

Anticipatory bail granted: petitioner to be released on bail in the event of her arrest or surrender before the learned Court below within six weeks, on furnishing bail bond of Rs. 10,000/- with two sureties of the like amount each, to the satisfaction of the learned Chief Judicial Magistrate, Sitamarhi/Successor Court, subject to Section 482(2) BNSS conditions and four additional conditions.

Mina Devi Vs The State of Bihar — Murder and Culpable Homicide | Patna HC (2026)

What the court decided

AI extract

Outcome

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Issue for consideration

Whether anticipatory bail should be granted to petitioner Mina Devi, who apprehends arrest in connection with Sonbarsa P.S. Case No. 311 of 2025, dated 30.11.2025, registered under Sections 103(1), 238(a), 3(5) of the Bharatiya Nyaya Sanhita.

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Court's answer

Taking into account the facts and circumstances of the case and considering that the petitioner is a lady, the petitioner is to be released on bail in the event of her arrest or surrender before the Court below within six weeks, on furnishing bail bond of Rs. 10,000/- with two sureties of the like amount each, to the satisfaction of the Chief Judicial Magistrate, Sitamarhi/Successor Court.

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Ratio / Principle

The bail is made subject to the conditions laid down under Section 482(2) of the BNSS and four further conditions: (i) one bailor to be a family member/relative/known person providing official document or personal affidavit showing bona fides; (ii) appearance on each and every date before the Trial Court, failure on two consecutive dates without plausible reason entailing cancellation of bail bond by the Trial Court; (iii) no inducement, promise or threat to witnesses or tampering with evidence, failing which the State may seek cancellation of bail bonds; (iv) desistance from committing any criminal offence again, failing which the State may seek cancellation of bail bonds.

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Detailed headnote1 paragraphs

Anticipatory bail granted to Mina Devi, apprehending arrest in Sonbarsa P.S. Case No. 311 of 2025 (Sitamarhi), registered under Sections 103(1), 238(a), 3(5) of the Bharatiya Nyaya Sanhita, on the stated ground that the petitioner is a lady; release ordered in the event of arrest or surrender within six weeks on a bail bond of Rs. 10,000/- with two sureties of the like amount each, subject to Section 482(2) BNSS conditions and additional conditions (bona fide family bailor, appearance on every trial date, no witness tampering, desistance from fresh offences).

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IN THE HIGH COURT OF JUDICATURE AT PATNA CRIMINAL MISCELLANEOUS No.29759 of 2026

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Arising Out of PS. Case No.-311 Year-2025 Thana- SONBERSA District- Sitamarhi

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

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Mina Devi W/o- Raj Kishore Ram R/v- Virta Musharniya Ps- Sonbarsa DistSitamarhi

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... ... Petitioner/s

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Versus

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The State of Bihar ... ... Opposite Party/s ====================================================== Appearance : For the Petitioner/s : Mrs. Madhubala Verma For the Opposite Party/s : Mr. Tarun Prasad Mandal Mr. Ashok Kumar Jha ======================================================

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CORAM: HONOURABLE MR. JUSTICE AJIT KUMAR ORAL ORDER

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3 15-07-2026

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Heard learned counsel for the parties.

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The petitioner apprehends her arrest in

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connection with Sonbarsa P.S. Case No.311 of 2025, dated 30.11.2025, registered for the offence punishable under Sections 103(1), 238(a), 3(5) of the Bharatiya Nyaya Sanhita.

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As per the FIR, co-accused Ajay Ram enticed the informant’s son, Vikash Paswan and took him to the residence of the petitioner. There, the accused persons and two to three unidentified accomplices, brutally murdered the victim using a dabiya (sickle) and an axe, subsequently binding the body to a pole before discarding it in a field. The prosecution’s case is further fortified by circumstantial and material evidence, as the informant and local villagers, upon inspecting the residence of the petitioner, discovered and witnessed the blood-stained

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Patna High Court CR. MISC. No.29759 of 2026(3) dt.15-07-2026 2/3

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murder weapons, the dabiya and axe alongside the pole used in the commission of the offence.

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Learned counsel for the petitioner submits that the petitioner is innocent and has been falsely implicated in the present case. It is further submitted that the informant is not an eyewitness to the alleged occurrence. Learned counsel further submits that the petitioner is a lady and was not present at her house on the date of the occurrence. It is contended that only general and omnibus allegations have been levelled against her merely because she happens to be the wife of co-accused Raj Kishore Ram. Lastly, it is submitted that the petitioner has no criminal antecedent.

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Learned APP for the State and learned counsel for the informant opposes the prayer for anticipatory bail.

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Taking into account the facts and circumstances of the case and considering that the petitioner is a lady, let the above named petitioner, be released on bail, in the event of her arrest or surrender before the learned Court below within a period of six weeks from today, on furnishing bail bond of Rs. 10,000/- (Rupees Ten Thousand) with two sureties of the like amount each to the satisfaction of the learned Chief Judicial Magistrate, Sitamarhi/Successor Court in connection with

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Patna High Court CR. MISC. No.29759 of 2026(3) dt.15-07-2026 3/3

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Sonbarsa P.S. Case No.311 of 2025, subject to the conditions as laid down under Section 482(2) of the BNSS as well as the following conditions:

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(i) One of the bailors should be the family member/relative/known of the petitioner(s) who shall provide official document/ personal affidavit to show his/her bona fide;

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(ii) the petitioner(s) shall appear on each and every date before the Trial Court and failure to do so for two consecutive dates without plausible reason will entail cancellation of his/her/their bail bond by the Trial Court itself;

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(iii) the petitioner(s) shall in no way try to induce or promise or threat the witnesses or tamper with the evidences, failing which the State shall be at liberty to take steps for cancellation of the bail bonds;

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(iv) the petitioner(s) shall desist from committing any criminal offence again, failing which the State shall be at liberty to take steps for cancellation of their bail bonds.

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(Ajit Kumar, J)

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shikha/-

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U T

Mina Devi v. The State of Bihar

Case brief

What is this about?

What did the court decide?

Mina Devi v. The State of Bihar

Case brief

What is this about?

What did the court decide?

Why is it important?

What the court decided

Issues for consideration

Statutes considered

Procedural history

Parties & counsel

Coram

Case details

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