Mamta Kumari @ Mamta Kumari Gupta v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.68252 of 2025 Arising out of PS. Case No.-442 Year-2024 Thana- GORAUL District- Vaishali ====================================================== Mamta Kumari @ Mamta Kumari Gupta W/o Late Alok Kumar Gupta Resident of Village- Khanjahachak, P.S.- Lalganj, District- Vaishali At Present R/O Vill.- Shehan, P.S.- Kathara, Dist.- Vaishali ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr. Pranav Kumar, Advocate Mr. Rajeev Ranjan No. II, Advocate For the Opposite Party/s:
Mr. Raj Kishor Singh, APP ====================================================== CORAM: HONOURABLE JUSTICE SMT. SONI SHRIVASTAVA ORAL ORDER 17-01-2026 Heard learned counsel for the petitioner and learned APP for the State.
2. The petitioner has preferred this application for grant of anticipatory bail apprehending her arrest in connection with Goraul P.S. Case No. 442 of 2024 registered under sections 302 and 120(B)/34 of IPC.
3. The case of the prosecution lodged by the Sub-inspector of Police is that the deceased Alok Kumar Gupta had died at his Sasural on 26.05.2019 with regard to which an information was given and a UD case was registered earlier by the uncle of the deceased and subsequently a complaint case was also filed by the father of the deceased alleging that the wife of the deceased and her other family members had con-
Patna High Court CR. MISC. No.68252 of 2025(4) dt.17-01-2026 2/3 spired to murder the deceased.
4. Learned counsel for the petitioner submits that it would be apparent from the present First Information Report that the deceased had died wayback in the year 2019 for which a UD case had already been instituted and subsequently a complaint case was filed with general and omnibus allegation. It is further submitted that no case would be made out against the present petitioner since the present case has been filed after receiving the viscera report indicating death because of poisoning. It is also submitted that this viscera report as a matter of fact was challenged by the father of the deceased as being not correct and the petitioner, who is the wife of the deceased, having two daughters always had cordial relation with her husband.
5. The application for anticipatory bail is opposed by learned A.P.P. for the State.
6. Taking into consideration the facts and circumstances of the case and considering the fact that with similar allegation a UD Case and complaint case is also pending and there is no substantial material to connect the petitioner in the present case, let the petitioner, above named who is the wife of the deceased having no criminal antecedent and against whom there is no chance of absconding or tampering with evidence, in
Patna High Court CR. MISC. No.68252 of 2025(4) dt.17-01-2026 3/3 the event of her arrest or surrender before the learned Court below within a period of four weeks, be released on anticipatory bail in connection with Goraul P.S. Case No. 442 of 2024 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 Additional Chief Judicial Magistrate-I, Vaishali at Hajipur, subject to the condition laid down under Section 438(2) of the Code of Criminal Procedure/Section 482(2) of the B.N.S.S, 2023 and subject to the further condition that she shall co-operate in investigation/trial. (Soni Shrivastava, J) Vikash/- U T