Patna High Court
Geeta Devi @ Gita DeviversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- ANSHUMAN
Holding
The Court granted anticipatory bail to the petitioner subject to a bond and conditions, directing verification of her antecedents.
Summary
Geeta Devi, the wife of accused Pankaj Yadav, sought anticipatory bail fearing arrest in a case (PS Case No. 647 of 2025) where her husband is alleged to have thrown an informant's daughter, causing fatal injuries. The FIR lists nine accused, but the petitioner contends no specific allegation is made against her, only against her husband. The State opposed bail, noting the FIR’s focus on the husband. The High Court, considering the petitioner’s clean antecedent and lack of direct accusation, granted anticipatory bail subject to a Rs.30,000 bond under Section 2(1)(d) of the Bharatiya Nyaya Sanhita, 2023, and conditions under Section 482(2). The Court directed the trial court to verify any criminal antecedent of the petitioner and to cancel the bail if concealment is found.
Issues considered
- Whether anticipatory bail can be granted to a person named in the FIR solely due to marital relationship with the main accused.
- Whether the provisions of Section 2(1)(d) and Section 482(2) of the Bharatiya Nyaya Sanhita, 2023, permit granting anticipatory bail in the present circumstances.
Legislation cited
- Bharatiya Nyaya Sanhita, 2023 — s. 103(2), 115(2), 126(2), 2(1)(d), 3(5), 351(2), 352, 482(2)
Subjects
- anticipatory bail
- criminal procedure
- bail bond
- spousal liability
- FIR
- Bharatiya Nyaya Sanhita
- Section 482
- Section 2(1)(d)
- criminal antecedent verification
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.10552 of 2026
Arising Out of PS. Case No.-647 Year-2025 Thana- AMARPUR District- Banka
======================================================
Geeta Devi @ Gita Devi Wife of Pankaj Yadav Resident of Village- Jhajha,
P.S.- Fullidumar, District- Banka
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Dhananjay Kumar Pandey, Advocate
For the Opposite Party/s : Mr. Narendra Kumar Singh, A.P.P
======================================================
CORAM: HONOURABLE MR. JUSTICE DR. ANSHUMAN
ORAL ORDER
2 12-03-2026 Heard learned counsel for the petitioner and learned
APP for the State.
2. The petitioner is apprehending arrest in connection
with Amarpur (Fullidumar) P.S. Case No. 647 of 2025 lodged
on 13.09.2025, for the offence punishable under Section 126(2),
115(2), 103(2), 352, 351(2) & 3(5) of the Bharatiya Nyaya
Sanhita, 2023.
3. As per the prosecution, FIR has been lodged against
nine named accused persons including the present petitioner.
The specific allegation in the FIR is against accused Pankaj
Yadav, who allegedly threw the informant’s daughter onto the
bricks, as a result of which she sustained injuries to her
stomach, and subsequently died during the course of treatment.
4. Learned counsel for the petitioner submits that the
Patna High Court CR. MISC. No.10552 of 2026(2) dt.12-03-2026
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petitioner is innocent and has committed no offence. Counsel
submits that from the contents of the FIR, it is crystal clear that
there is no specific allegation made against the present
petitioner and whatever has been alleged is only against the
husband of the petitioner. Counsel submits that the name of the
petitioner has figured in this case only due to the reason that she
is the wife of the main accused namely Pankaj Yadav. Counsel
further submits that the petitioner is a lady, having clean
antecedent and she is ready to fulfill all the conditions
whatsoever shall be imposed upon her.
5. Learned APP for the State opposes the prayer for
bail of the petitioner but fairly submits that as per the FIR, the
specific allegation is against accused namely Pankaj Yadav.
6. As such, in the present facts and circumstances of
this case, let the above named petitioner be released on
anticipatory bail, in the event of arrest or surrender before the
Trial Court within a period of 4 weeks from today, on furnishing
bail bond of Rs.30,000/- (Rupees Thirty Thousand) as
mentioned in Section 2(1)(d) of the B.N.S.S., 2023 to the
satisfaction of Chief Judicial Magistrate, Banka, in connection
with Amarpur (Fullidumar) P.S. Case No. 647 of 2025, subject
to the conditions as laid down U/s 482(2) of the B.N.S.S., 2023.
Patna High Court CR. MISC. No.10552 of 2026(2) dt.12-03-2026
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7. The Trial Court is directed to verify the criminal
antecedent(s) of the petitioner, and in case, it is found at any
stage that the petitioner has concealed the fact about her
criminal antecedent(s), the Trial Court shall take steps for
cancellation of bail bond of the petitioner. However, the
acceptance of the bail bonds in terms of the above-mentioned
order shall not be delayed for the purpose of or in the name of
verification.
(Dr. Anshuman, J)
Divyansh/-
U T
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