Sunita Devi @ Balo @ Balo Devi v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.37677 of 2026 Arising Out of PS. Case No.-107 Year-2026 Thana- BODHGAYA District- Gaya ====================================================== 1.
Sunita Devi @ Balo @ Balo Devi S/o Mahendra Chaudhary R/o Village - Miyabigha, P.S. - Bodhgaya, District - Gaya.
2.
Manish Kumar @ Sonu Kumar S/o Mahendra Chaudhary R/o Village - Miyabigha, P.S. - Bodhgaya, District - Gaya.
3.
Nisha Kumari @ Anisha Kumari @ Anita Kumari D/o Mahendra Chaudhary R/o Village - Miyabigha, P.S. - Bodhgaya, District - Gaya. ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr. Vinod Kumar, Advocate For the Opposite Party/s :
Mr. Bharat Bhushan, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE RAJIV ROY ORAL ORDER 01-07-2026 Heard Mr. Vinod Kumar, learned counsel for the petitioner and the State.
2. The petitioners are apprehending their arrest in connection with Bodhgaya P.S. Case No. 107 of 2026 for the offence under sections 103(1) and 3(5) of the BNS lodged on 27.02.2026 by the informant, Rubi Devi.
3. As per the prosecution story, the informant alleged that her son was staying with his in-laws and was earning by driving e-rickshaw. On 26.02.2026, he attended the shraadh of his maternal grandmother and returned to his in-laws house, and immediately thereafter, came the news about his death having fallen from the cot. She has suspicion that her son has been killed.
Patna High Court CR. MISC. No.37677 of 2026(2) dt.01-07-2026 2/3 This led to the FIR.
4. Learned counsel for the petitioners submit that only on the basis of suspicion, the entire family members have been roped in, the petitioners nos. 1, 2 & 3 being the mother-in-law, brother-in-law and the wife respectively and they are ready to cooperate in the investigation and further, the viscera has been sent to the Forensic Science Laboratory, Patna but the report is awaited.
5. Learned APP opposes the prayer submitting that the husband of the petitioner no. 3 died in a mysterious circumstance and the onus lies on them.
6. Taking into account the submissions of the parties as also that the investigation is on, the FSL report has not come and an undertaking has been given that they shall be cooperating in the investigation, two of them are ladies and have no criminal antecedent, in that background, this Court is inclined to extend them the privilege of anticipatory bail with conditions.
7. Let the petitioners be released on bail in the event of arrest or surrender within a period of four weeks from the receipt of this order, on furnishing bail bond of Rs. 10,000/- (Ten thousand) each with two sureties of like amount each to the satisfaction of learned CJM, Gaya in connection with Bodhgaya P.S. Case No. 107 of 2026 subject to the following conditions: (i) one of the bailor should be the family
Patna High Court CR. MISC. No.37677 of 2026(2) dt.01-07-2026 3/3 member/relative of the petitioners who shall provide official document (Aadhaar Card/Voter ID Card/Pan Card/Driving License) to show his/her bona fide;
(ii) the petitioners 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 their bail bond by the Trial Court itself;
(iii) the petitioners shall be appearing before the Police Station as and when required for cooperating in the investigation; (iv) the petitioners 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;
(v) the petitioners 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. (Rajiv Roy, J) Adnan/- U T