Patna High Court
Fulwa DeviversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- PRABHAT KUMAR SINGH
Holding
Anticipatory bail is granted to the petitioners subject to the conditions stipulated under Section 482 of the B.N.S.S., 2023.
Summary
The petitioners, Fulwa Devi and Kanti Devi, are sister‑in‑laws of a woman who was allegedly murdered by her in‑laws on 16‑03‑2024. The prosecution’s case, based on an informant’s testimony, registers a charge of murder under Sections 302 and 34 of the Indian Penal Code against the petitioners, although the primary suspect – the deceased’s husband – is already in custody. The petitioners contend that they have no involvement in the family dispute, own separate property, and face only a vague, suspicion‑based allegation. They filed an application for anticipatory bail, which the State opposed. The Court examined the lack of concrete evidence linking the petitioners to the crime and the principle of liberty under Section 482 of the B.N.S.S., 2023. It ordered that, if arrested within eight weeks, the petitioners be released on bail upon furnishing a bail bond of Rs 10,000 with two sureties each. The order is subject to the conditions prescribed by the learned Additional Chief Judicial Magistrate, Bikram.
Issues considered
- Whether anticipatory bail should be granted to the petitioners in a murder case where only suspicion and no substantive evidence links them to the offence.
Legislation cited
- B.N.S.S., 2023 — s. 482
- Indian Penal Code — s. 302, 34
Subjects
- anticipatory bail
- murder
- Indian Penal Code
- Section 302
- Section 34
- Section 482
- bail
- suspicion
- family dispute
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.2261 of 2026
Arising Out of PS. Case No.-132 Year-2024 Thana- BIKRAM District- Patna
======================================================
1. Fulwa Devi W/O Lal Bahadur Singh @ Lal Bahadur Prasad R/O Village-
Begma, P.S.- Bikram, Dist.- Patna
2. Kanti Devi W/O Lalbabu Singh @ Lalbabu Prasad R/O Village- Begma,
P.S.- Bikram, Dist.- Patna
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr.Binod Kumar Singh
For the Opposite Party/s : Mr.Ashok Kumar Singh
======================================================
CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH
ORAL ORDER
2 31-01-2026 Heard learned counsel for the petitioners and learned
A.P.P. for the State.
2. The petitioners apprehend their arrest in a case,
registered for the offence under Sections 302/34 of the Indian
Penal Code.
3. As per prosecution case, sister of informant was
married with co-accused Shankar Yadav 25 years ago and it is
alleged that on 16.03.2024 at about 8 PM, informant received an
information that his sister has been killed by her in-laws
members and on receipt of said information, the informant went
there and saw the dead-body of his sister. Informant suspects
that since his sister (deceased) was issueless, she has been killed
by her in-laws members.
Patna High Court CR. MISC. No.2261 of 2026(2) dt.31-01-2026
2/2
4. Petitioners are sister-in-law (xksruh) of the deceased.
There is general and omnibus allegation and only suspicion has
been raised against petitioners. Thrust of the accusation is
against husband of the deceased, who is already in custody since
19.09.2025. Petitioners are separate in mess and property and
have got no concern with the family affairs of deceased and her
husband.
5. Learned A.P.P. for the State opposes the prayer for
anticipatory bail of petitioners.
6. Considering the aforesaid facts and circumstances,
let the above named petitioners, in the event of arrest/surrender
within a period of eight weeks from today, be enlarged on bail
on furnishing bail-bonds of Rs. 10,000/- (ten thousand) each
with two sureties of the like amount each to the satisfaction of
learned A.C.J.M. VI, Bikram (Patna) in connection with Bikram
P.S. Case No. 132 of 2024, 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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