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Patna High Court

Fulwa DeviversusThe State of Bihar

Decided
Disposal
BAIL GRANTED

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

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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