Patna High Court
Prabha DeviversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- ALOK KUMAR SINHA
Holding
The court grants anticipatory bail to the petitioners subject to specified conditions.
Summary
The petitioners, Prabha Devi and Baby Devi, mother‑in‑law and gotni of a deceased woman, were implicated in a case (Rasulpur P.S. Case No. 68 of 2025) for offences under Sections 103(1) and 3(5) of the Bharatiya Nagarik Suraksha Sanhita. They applied for anticipatory bail, asserting innocence, clean antecedents, and alleging that the accusations were false and made after 16 years of marriage. The State opposed the bail, but the court noted the petitioners' clean records and the possibility of false accusation. Relying on Section 438(2) of the Code of Criminal Procedure and Section 482(2) of the BNS, the court granted anticipatory bail subject to a Rs 10,000 bond, two sureties, cooperation with investigation, and verification of criminal antecedent. The order directs that bail be enlarged if the petitioners are arrested within four weeks, with cancellation possible upon discovery of concealed antecedents.
Issues considered
- Whether anticipatory bail should be granted to the petitioners under Section 438 CrPC and Section 482(2) BNS.
- Whether the allegations against the petitioners constitute a false or frivolous prosecution.
- Whether the petitioners' clean antecedent warrants bail despite the seriousness of the charges.
Legislation cited
- Bharatiya Nagarik Suraksha Sanhita, 2023 — s. 103(1), 3(5), 482(2)
- Code of Criminal Procedure — s. 438(2)
Subjects
- anticipatory bail
- Section 438 CrPC
- Section 482 BNS
- false accusation
- clean antecedent
- Bihar criminal law
- poison death
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.24762 of 2026
Arising Out of PS. Case No.-68 Year-2025 Thana- RASULPUR District- Saran
======================================================
1. Prabha Devi W/O Late Shankar Singh R/O Village-Banpura, P.S.-Rasulpur,
District-Saran
2. Baby Devi W/O Kundan Singh R/O Village-Banpura, P.S.-Rasulpur,
District-Saran
... ... Petitioner/s
Versus
The State of Bihar Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr.Sanjay Kumar Singh
For the Opposite Party/s : Mr.Pawan Kumar Chaurasia
======================================================
CORAM: HONOURABLE MR. JUSTICE ALOK KUMAR SINHA
ORAL ORDER
2 29-04-2026 Heard learned counsel for the petitioners and
learned A.P.P. for the State.
2. The petitioners apprehend their arrest in connection
with Rasulpur P.S. Case No. 68 of 2025, registered for the
offences punishable under Sections 103(1), 3(5) of BNS.
3. The prosecution case, in brief, is that on 11.04.2025
at about 9:00 P.M., the informant received a phone call from his
grand-daughter informing him that the condition of his daughter
had become serious. Thereafter, the informant along with others
went to the matrimonial home of his daughter and came to know
that she had been taken to Dr. S. Kumar Hospital at Ekma. On
reaching the hospital, they found that none of her in-laws were
Patna High Court CR. MISC. No.24762 of 2026(2) dt.29-04-2026
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present there. The doctor informed them that his daughter had
died due to poison spreading in her body.
4. The learned counsel for the petitioners submits that
the petitioners are innocent and have falsely been implicated.
They are the persons of clean antecedent. The allegations are
general and omnibus. Petitioners were living separately and had
nothing to do with the business of the deceased.
5. On the other hand, the learned APP for the State has
opposed the prayer for bail.
6. The allegations have been levelled after almost 16
years of marriage and therefore, the allegations appear to be
doubtful and possibility of false accusation cannot be ruled out.
The petitioners are mother-in-law and gotni of the deceased. The
husband of the deceased namely Chandan Singh has already
been granted anticipatory bail vide order dated 24.04.2026
passed in Cr. Misc. No. 24954 of 2026. Both the lady petitioners
are having clean antecedent. Under these circumstances, I am
inclined to grant privilege of anticipatory bail to the petitioners.
7. Let the petitioners, as named above, in the event of
their arrest or surrender within four weeks from today, be
enlarged on bail on furnishing bail bond of Rs.10,000/-(Rupees
Ten Thousand) each with two sureties of the like amount each to
Patna High Court CR. MISC. No.24762 of 2026(2) dt.29-04-2026
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the satisfaction of learned Judicial Magistrate 1 st Class, Saran at
Chapra in connection with Rasulpur P.S. Case No. 68 of 2025,
subject to the conditions laid down under section 438(2) of the
Code of Criminal Procedure/Section 482(2) of the Bharatiya
Nagarik Suraksha Sanhita, 2023 and subject to further condition
that :-
(i) The petitioners shall co-operate in the
investigation/ trial.
(ii) The learned Court below would, however, verify
the criminal antecedent of the petitioners and in case it is found
that the petitioners have concealed their criminal antecedent, the
Court below shall take step for cancellation of bail bond of the
petitioners. However, it is expected that the verification process
would be done expeditiously without causing any delay.
(Alok Kumar Sinha, J)
kundan/-
U T
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