Patna High Court
Asha DeviversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- SANDEEP KUMAR
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
- Bharatiya Nyaya Sanhita, 2023 — s. 103(1), 3(5), 482(2)
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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