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Patna High Court

Asha DeviversusThe State of Bihar

Decided
Disposal
BAIL GRANTED

Holding

The court granted anticipatory bail to the petitioner, subject to bond and surety conditions under Section 482(2) of the BNSS.

Summary

The petitioner, Asha Devi, feared arrest in a criminal case (PS No.212 of 2024) alleging she killed a deceased person under Sections 103(1) and 3(5) of the Bharatiya Nyaya Sanhita, 2023. The prosecution alleged her involvement in the killing, while she asserted her innocence, stating she is the cousin sister‑in‑law of the deceased's husband. The State opposed her request for anticipatory bail. The High Court, after considering the facts and the familial relationship, granted anticipatory bail, directing that she be released on furnishing a bail bond of Rs.10,000 with two sureties, subject to conditions under Section 482(2) of the BNSS. The order allows her to avoid arrest for up to four weeks from the date of the order.

Issues considered

  • Whether anticipatory bail should be granted to the petitioner under the circumstances of the case
  • Whether the allegations under Sections 103(1) and 3(5) of the Bharatiya Nyaya Sanhita, 2023, justify denial of bail
  • Whether Section 482(2) of the BNSS permits the court to impose conditions on anticipatory bail

Legislation cited

Subjects

  • anticipatory bail
  • criminal procedure
  • murder
  • Bharatiya Nyaya Sanhita
  • Section 482
  • bail bond
  • family relationship

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.26421 of 2025
                  Arising Out of PS. Case No.-212 Year-2024 Thana- GAMAHARIYA District- Madhepura
                 ======================================================
                 Asha Devi W/O Sharvan Ram R/O Vill.- Korihar Travee, P.S.- Gamahariya,
                 Dist.- Madhepura.

                                                                                ... ... Petitioner/s
                                                      Versus
                 The State of Bihar

                                                        ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :     Mr. Hriday Narayan Harshit
                 For the Opposite Party/s :     Mr. Shyam Kumar Singh, APP
                                                Mr. Binod Kumar
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE SANDEEP KUMAR
                                       ORAL ORDER

3   10-03-2026                  Heard the learned counsel for the petitioner and

                   learned counsel for the State.

                                2. The petitioner apprehends arrest in connection with

                   Gamahariya P.S. Case No. 212 of 2024 registered for offences

                   under Sections 103(1) and 3(5) of the Bharatiya Nyaya Sanhita,

                   2023.

                                3. As per the prosecution case, the petitioner is

                   accused of killing the deceased.

                                4. Learned counsel for the petitioner submits that

                   petitioner is quite innocent and has not committed any offence.

                   He further submits that the petitioner is the cousin sister-in-law

                   (Gotani) of the husband of the deceased.

                                5. Learned APP for the State has vehemently opposed
            Patna High Court CR. MISC. No.26421 of 2025(3) dt.10-03-2026
                                                        2/2




                      the prayer for bail.

                                   6. Considering the facts and circumstances of the case

                      and the relationship between the petitioner and the deceased,

                      this application for anticipatory bail stands allowed.

                                   7. Accordingly, let the petitioner, above-named, in the

                      event of arrest or surrender within four weeks from today in the

                      Court below, be released on anticipatory bail on furnishing bail

                      bonds of Rs.10,000/- (Rupees ten thousand) with two sureties of

                      the like amount each to the satisfaction of learned Court below

                      where the case is pending/successor Court in connection with

                      Gamahariya P.S. Case No. 212 of 2024 subject to the conditions

                      as laid down under Section 482(2) of the BNSS.



                                                         (Sandeep Kumar, J)
Shishir/-

U       T


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