Patna High Court
Basanti DeviversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- SANDEEP KUMAR
Holding
The petitioner is entitled to anticipatory bail and may be released on bail upon arrest, subject to conditions.
Summary
Basanti Devi, the petitioner, feared arrest in a murder case (Sections 304B, 201/34 IPC) where she was alleged to have participated in the killing of her son‑in‑law. The prosecution alleged her involvement, while her counsel argued she was falsely implicated and that the primary accused, her husband, had already been granted bail. The petitioner sought anticipatory bail, emphasizing her role as caretaker of the children born out of wedlock. The court examined the merits of the anticipatory bail application under Section 438(2) of the CrPC and the inherent powers of the court under Section 482 of the BNSS. Finding no substantive ground to deny bail and noting the possibility of false implication, the court allowed the application, directing that she be released on bail if arrested within four weeks, upon furnishing a bond of Rs. 10,000 with two sureties.
Issues considered
- Whether the petitioner is entitled to anticipatory bail under Section 438(2) of the Code of Criminal Procedure, 1973 in the pending murder case.
- Whether the allegations against the petitioner constitute sufficient ground to deny bail.
Legislation cited
- BNSS — s. 482
- Code of Criminal Procedure, 1973 — s. 438(2)
Subjects
- anticipatory bail
- Section 438 CrPC
- inherent powers of court
- Section 482
- false implication
- IPC 304B
- IPC 201
- IPC 34
- bail
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.21764 of 2026
Arising Out of PS. Case No.-205 Year-2024 Thana- DEEPNAGAR District- Nalanda
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Basanti Devi wife of Arjun Yadav R/o - Korai, P.S - Deepnagar, District -
Nalanda, Bihar
... ... Petitioner/s
Versus
The State of Bihar bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr.Pankaj Kumar
For the Opposite Party/s : Mr.Md. Iftekhar Mahmood
======================================================
CORAM: HONOURABLE MR. JUSTICE SANDEEP KUMAR
ORAL ORDER
2 30-04-2026 Heard learned counsel for the petitioner and
learned APP for the State.
2. The petitioner apprehends her arrest in
connection with Deep Nagar P.S. Case No. 205 of 2024
registered for the offence under Sections 304(B) and 201/34 of
the Indian Penal Code.
3. As per the prosecution case, the petitioner, who
is the mother-in-law of the deceased is said to have killed the
deceased along with other persons.
4. It has been submitted by the learned counsel for
the petitioner that the petitioner is innocent and she has falsely
been implicated in this case. He further submits that the main
allegation is against the husband, who has already been granted
bail by this Court vide order dated 8.9.2025 passed in Cr. Misc.
Patna High Court CR. MISC. No.21764 of 2026(2) dt.30-04-2026
2/2
No. 60433 of 2025. He also submits that the petitioner, being the
grandmother of the children, is taking care of children who were
born out of the wedlock of the deceased and her husband.
5. Considering the aforesaid facts, this application
is allowed.
6. Let the petitioner, above named, in the event of
her arrest or surrender before the concerned Court below within
four weeks from today, 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 concerned Court
below in connection with Deep Nagar P.S. Case No. 205 of
2024, subject to the conditions laid down in Section 438(2) of
the Code of Criminal Procedure, 1973 / Section 482 of the
BNSS.
(Sandeep Kumar, J)
Vikas/-
U
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