Patna High Court
Raj Kumari DeviversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- AJIT KUMAR
Holding
The Court held that anticipatory bail should be granted as there were no specific allegations against the petitioner and she possessed a clean antecedent.
Summary
The petitioner, Raj Kumari Devi, sought anticipatory bail in connection with a murder case (Korha P.S. Case No.132 of 2025) where the deceased was her sister-in-law. The FIR alleged that the murder was committed by the co‑accused Sandeep Rishi, while the petitioner was only mentioned in a general, omnibus manner. The petitioner argued that there was no specific allegation against her, she has a clean antecedent, and she is willing to comply with bail conditions. The State opposed the anticipatory bail, contending that the petitioner could be implicated. The Court observed that the allegations against the petitioner were not specific and, given her clean record, was inclined to grant anticipatory bail. Accordingly, the Court ordered anticipatory bail with a bond of Rs.10,000 and several conditions under Sections 438(2) of the CrPC and 482(2) of the Bhartiya Nagarik Suraksha Sanhita.
Issues considered
- Whether anticipatory bail can be granted when the allegations against the petitioner are general and not specific.
- Whether the petitioner can be held liable under Sections 103(1) and 3(5) of the Bharatiya Nyaya Sanhita in the absence of specific accusations.
- Whether a clean antecedent and willingness to comply with conditions justify the grant of anticipatory bail.
Legislation cited
- Bharatiya Nyaya Sanhita, 2023 — s. 103(1), 3(5)
- Bhartiya Nagarik Suraksha Sanhita — s. 482(2)
- Code of Criminal Procedure — s. 438(2)
Subjects
- anticipatory bail
- murder
- general allegations
- clean antecedent
- Section 438
- Section 482
- Bharatiya Nyaya Sanhita
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.10321 of 2026
Arising Out of PS. Case No.-132 Year-2025 Thana- KORHA District- Katihar
======================================================
Raj Kumari Devi W/o Laxman Rishi R/o Village - Hariabhir Bishanpur
Loharpatti, P.S - Korha, District - Katihar
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Bhola Prasad, Advocate
For the Opposite Party/s : Mr. Jagdhar Prasad, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE AJIT KUMAR
ORAL ORDER
2 25-02-2026 Heard the learned counsel for the petitioner and
learned Additional Public Prosecutor for the State.
2. The petitioner is apprehending his arrest in
connection with Korha P.S. Case No.132 of 2025, F.I.R dated
24.05.2025 registered for the offences punishable under
Sections 103(1) and 3(5) of the Bharatiya Nyaya Sanhita, 2023.
3. According to prosecution case, on 18.05.2025 he
received a phone call informing him of his sister Sulekha Devi’s
death. Upon inquiry, he learned that she was allegedly murdered
by co-accused Sandeep Rishi by strangulation. The informant’s
Patna High Court CR. MISC. No.10321 of 2026(2) dt.25-02-2026
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family members went to her matrimonial home and informed
the police, who sent the body for post mortem and thereafter
handed it over for last rites. The informant further alleged that
the named accused persons, including the petitioner Raj Kumari
Devi, were also involved in the occurrence and used to quarrel
with the deceased. After returning from outside the state, he
submitted the application, on the basis of which the F.I.R. was
lodged and investigation commenced.
4. Learned counsel for the petitioner, by referring to
the F.I.R., submits that the specific allegation of pressing the
neck and causing death of the sister of the informant is against
Sandeep Rish, who is in judicial custody and the petitioner is the
mother-in-law of the deceased and is living separately. It has
further been submitted that the petitioner has clean antecedent
and is ready to abide by the terms and conditions, in case
privilege of anticipatory bail is extended in her favour.
5. Learned APP for the State opposes the prayer for
anticipatory bail application.
6. Considering the aforesaid facts and circumstances
there is no specific allegation against this petitioner rather the
allegations are general and omnibus and the petitioner has clean
antecedent. Accordingly, this Court is inclined to grant the
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privilege of anticipatory bail to the petitioner.
7. Let the petitioner, above named, in the event of
his/her arrest or surrender before the Court below within a
period of thirty days from the date of receipt of the order, be
released on bail on furnishing bail bond of Rs. 10,000/- (Ten
Thousand) with two sureties of the like amount each to the
satisfaction of the learned C.J.M., Katihar, in connection with
Korha P.S. Case No.132 of 2025, subject to the conditions as
laid down under Section 438(2) of the Code of Criminal
Procedure / Section 482(2) of the Bhartiya Nagarik Suraksha
Sanhita and with other following conditions:-
(i) one of the bailors should be the family
member/relative/known of the petitioner(s) who shall provide
official document/personal affidavit to show his/her bona fide;
(ii) the petitioner(s) 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 his/her/their bail bond by the Trial Court itself;
(iii) the petitioner(s) 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;
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(iv) the petitioner(s) 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.
(Ajit Kumar, J)
sharun/-
U T
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