Patna High Court
Kavita DeviversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- PRABHAT KUMAR SINGH
Holding
The court granted anticipatory bail to the petitioner subject to conditions under Section 482 of the B.N.S.S., 2023.
Summary
The petitioner, Kavita Devi, sought anticipatory bail after being implicated in a murder case under Sections 103(1), 80(2) and 3(5) of the B.N.S., based on an informant's allegation that she had an illicit relationship with the deceased's husband. The petitioner argued that the accusation was false, that the deceased had actually committed suicide by hanging, and that there was no dowry or torture involved. The State opposed the bail, insisting that the allegations warranted arrest. The court examined the credibility of the informant’s claim, the medical finding of suicide, and the lack of substantive evidence against the petitioner. Considering the circumstances, the court ordered that the petitioner be released on anticipatory bail upon surrender within eight weeks, subject to a bail bond of Rs.10,000 and two sureties, under Section 482 of the B.N.S.S., 2023.
Issues considered
- Whether anticipatory bail can be granted to the petitioner under Section 482 of the B.N.S.S., 2023 in view of the allegations.
- Whether the allegations against the petitioner constitute sufficient ground for arrest.
Legislation cited
- B.N.S. — s. 103(1), 3(5), 80(2)
- B.N.S.S., 2023 — s. 482
Subjects
- anticipatory bail
- false implication
- murder
- suicide
- Section 482
- criminal procedure
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.1899 of 2026
Arising Out of PS. Case No.-107 Year-2025 Thana- Gadhiya Bazar District- East Champaran
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Kavita Devi Wife of Raj Kumar Prasad Resident of village - Sawangiya, P.S.-
Garahiya Bazar, District - East Champaran
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr.Abhishek Kumar
For the Opposite Party/s : Mrs.Nirmala Kumari
======================================================
CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH
ORAL ORDER
2 29-01-2026 Heard learned counsel for the petitioner and learned
A.P.P. for the State.
2. The petitioner apprehends her arrest in a case
registered for the offence under Sections 103(1), 80(2), 3(5) of
the B.N.S.
3. The informant alleged that his daughter was
married to co-accused Arjun Prasad on 22.11.2024 and it is
alleged that on 28.05.2025, the informant received an
information that his daughter has been murdered. On inquiry,
the informant came to know that his son-in-law had illicit
relation with his Bhabhi (petitioner), which was objected by
informant’s daughter and due to that reason, they committed her
murder and absconded from the place of occurrence.
4. Learned counsel for the petitioner submits that
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petitioner is simply a victim of false implication. Only on the
basis of mere suspicion that this petitioner had illicit relation
with husband of deceased, the informant, who is father of
deceased, has falsely implicated her. Petitioner is own sister-in-
law (xksruh) of the deceased and she is separate in mess and
property and has got no concern with the family affairs of
deceased and her husband. Learned counsel for the petitioner
further submits that there is no allegation of any demand of
dowry or torture. As a matter of fact, on the alleged date of
incident, there was some quarrel between deceased and her
husband and out of anger & frustration, the deceased committed
suicide by hanging. Doctor has also found cause of death, as
Asphyxia due to hanging. Moreover, thrust of the accusation is
against husband of the deceased, who is already in custody since
26.06.2025. Petitioner is lady and claims clean antecedent.
5. Learned A.P.P. for the State vehemently opposes the
prayer for anticipatory bail of petitioner.
6. However, in the facts and circumstances of the
case, let the above named petitioner, in the event of
arrest/surrender within a period of eight weeks from today, be
enlarged on bail on furnishing bail-bond of Rs. 10,000/- (ten
thousand) with two sureties of the like amount each to the
Patna High Court CR. MISC. No.1899 of 2026(2) dt.29-01-2026
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satisfaction of learned J.M. 1st Class, East Champaran, Motihari
in connection with Garahiya Bazar P.S. Case No. 107 of 2025,
subject to condition as laid down under Section 482 of the
B.N.S.S., 2023.
(Prabhat Kumar Singh, J)
anay
U T
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