Patna High Court
Priti Tiwari @ prity deviversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- SOURENDRA PANDEY
Holding
The Court held that anticipatory bail may be granted to the petitioners subject to conditions under Section 482 of the Bharatiya Nyaya Sanhita.
Summary
The petitioners, Priti Tiwari and Vivek Kumar Mishra, sought anticipatory bail in a case (Shikarpur P.S. Case No.864 of 2025) alleging they poisoned the son of an informant, who died under mysterious circumstances. The informant claimed the petitioners, who are the mother‑in‑law and brother‑in‑law of the deceased, were responsible, while the petitioners argued they had no involvement, clean antecedents, and that the deceased’s wife (their daughter) had already been granted regular bail. The State opposed bail, contending the cause of death was unclear and the petitioners should not be liberated. The Court examined the allegations, the petitioners’ relationship to the deceased, and their clean record, and concluded that anticipatory bail could be granted subject to strict conditions. Accordingly, the petitioners were ordered to be released on bail upon arrest, with a bond of Rs 10,000 and two sureties, and to comply with conditions under Section 482 of the Bharatiya Nyaya Sanhita.
Issues considered
- Whether anticipatory bail can be granted to the petitioners under Section 482 of the Bharatiya Nyaya Sanhita in a murder‑related case.
- Whether the mere suspicion and family dispute constitute sufficient ground to deny bail.
- Whether the petitioners’ clean antecedents and familial ties to the deceased affect the bail decision.
Legislation cited
- Bharatiya Nyaya Sanhita — s. 103(1), 3(5), 482
Subjects
- anticipatory bail
- Bharatiya Nyaya Sanhita
- Section 482
- poisoning allegation
- family dispute
- criminal antecedents
- bail conditions
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.10192 of 2026
Arising Out of PS. Case No.-864 Year-2025 Thana- SIKARPUR District- West Champaran
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1. Priti Tiwari @ prity devi W/O Sh. Purushottam Mani Tiwari Resident Of
Village - Sugauli, Ward No- 09, P.s- Shikarpur, District- West Champaran
2. Vivek Kumar Mishra S/o. Upendra Mishra Resident of village-Laherula,
P.S- Yogapatti, District- West Champaran.
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Ms. Archana Jha, Advocate
For the Opposite Party/s : Mr. Syed Mojibur Rahman, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE SOURENDRA PANDEY
ORAL ORDER
2 25-02-2026 Heard learned counsel for the petitioners and learned
APP for the State.
2. The petitioners seek bail in anticipation of their
arrest in connection with Shikarpur P.S. Case No. 864 of 2025
instituted for the offences punishable under Sections 103(1) and
3(5) of the Bharatiya Nyaya Sanhita.
3. As per the prosecution case, the informant has
alleged that her son had solemnized love marriage with one
Pragati Kumari and the father, mother and elder son-in-law used
to threaten and mentally harass the son of the informant. It is
alleged that the informant was communicated by Pragati Kumari
that her husband was admitted in hospital as his condition had
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deteriorated and subsequently he died. It has been alleged that
the informant believed that the named accused persons
including the petitioners have poisoned her son to death.
4. Learned counsel for the petitioners submits that the
petitioners are the mother-in-law and brother-in-law (Sarhu) of
the deceased. It has been submitted that admittedly the
petitioners were not residing along with the son of the informant
and Pragati Kumari. It has also been submitted that it was
merely on suspicion that the petitioners have been named in the
present case, who had no concern with the matrimonial life of
Pragati Kumari with her husband, who had married on their
own. It has also been submitted that the wife of the deceased
namely Pragati Kumari, who also happens to be daughter of the
petitioner no. 1 has been granted regular bail by this Court while
the father-in-law of the deceased is in custody. It has lastly been
submitted that the petitioners have clean antecedents.
5. Learned APP appearing on behalf of the State and
the learned counsel for the informant vehemently opposed the
prayer for anticipatory bail and have stated that the son-in-law
of the petitioner no. 1 had died in mysterious circumstances and
till date it has not been made clear as to what was the cause of
the death and therefore, the petitioners should not be granted the
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liberty of the anticipatory bail.
6. Considering the facts and circumstances of the
case, the petitioners are directed to be released on bail, in the
event of their arrest or surrender before the court below within a
period of four weeks from the date of receipt/production of a
copy of this order, on their furnishing bail bonds in the sum of
Rs. 10,000/- (Ten Thousand) each with two sureties of the like
amount each to the satisfaction of the learned Chief Judicial
Magistrate, Bettiah, West Champaran in connection with
Shikarpur P.S. Case No. 864 of 2025, subject to the conditions
as laid down under Section 482 of the BNSS and subject to the
following conditions:-
(i) One of the bailors will be a
close relative of the petitioners and the other
shall be a local resident:
(ii) the petitioners will remain
present on each and every date fixed by the
Court below, if so required by the learned
Trial Court;
(iii) in case of absence on two
consecutive dates or in violation of the terms
of the bail, the bail bonds of the petitioners
will liable to be cancelled by the Court
concerned;
(iv) the Court below shall verify
the criminal antecedent of the petitioners and
in case at any stage, it is found that they have
concealed their criminal antecedents, the
court below shall take step for cancellation
of bail bonds of the petitioners. However, the
acceptance of bail bonds in terms of the
above mentioned order shall not be delayed
for purpose of the same on in the name of
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verification.
7. It is made clear that the observations, if any, made
in this order, shall be of no bearing during the trial.
(Sourendra Pandey, J)
krishna/-
U T
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