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Patna High Court

Alo DeviversusThe State of Bihar

Decided
Disposal
BAIL GRANTED

Holding

The court granted anticipatory bail to the petitioners subject to the stipulated conditions.

Summary

Alo Devi and Bandhan Kumari, women related to the main accused, were named in an FIR for the murder of the informant's father arising out of a land dispute. The informant claimed to have heard the assault and saw the petitioners fleeing, but the petitioners argued they were not eyewitnesses and were implicated solely on suspicion. The State opposed anticipatory bail, asserting their flight indicated involvement. The court noted the petitioners' clean antecedents and the prima facie nature of the allegations, and ordered that they be granted anticipatory bail upon surrender within four weeks, subject to a bail bond of Rs.10,000 with two sureties and conditions under Section 438(2) of the Cr.P.C. and Section 482(2) of the Bhartiya Nagarik Suraksha Sanhita.

Issues considered

  • Whether anticipatory bail should be granted to the petitioners under Section 438(2) Cr.P.C. and Section 482(2) B.N.S.S. in view of the FIR allegations.
  • Whether the petitioners' alleged presence at the scene constitutes sufficient grounds to deny bail.

Legislation cited

Subjects

  • anticipatory bail
  • murder
  • land dispute
  • gender
  • clean antecedent
  • Section 438
  • Section 482
  • Bhartiya Nyay Sanhita
  • Bhartiya Nagarik Suraksha Sanhita

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.26524 of 2026
                       Arising Out of PS. Case No.-583 Year-2025 Thana- BIDUPUR District- Vaishali
                 ======================================================
           1.     Alo Devi Wife of Late Suresh Mahto Resident of Village- Mathura, P.S.-
                  Bidupur, District- Vaishali
           2.     Bandhan Kumari D/o Dileep Mahto @ Dilip Singh Resident of Village-
                  Mathura, P.S.- Bidupur, District- Vaishali
                                                                       ... ... Petitioner
                                                     Versus
                 The State of Bihar
                                                                ... ... Opposite Party
                 ======================================================
                 Appearance :
                 For the Petitioners      :        Mr.Girish Chandra Jha, Advocate
                 For the State            :        Mr.Rajendra Singh Shashtri, APP
                 For the Informant        :        Mrs.Bela Singh, Advocate
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE CHANDRA SHEKHAR JHA
                                       ORAL ORDER

2   30-04-2026               Heard learned counsel for the petitioners and learned

                   APP for the State.

                             2. The accused-petitioners, named in the F.I.R., are

                   apprehending their arrest in connection with Bidupur P.S. Case

                   No. 583 of 2025 registered for the offences punishable under

                   Sections 103(1), 3(5) of the Bhartiya Nyay Sanhita, 2023 (in

                   short, the ‘B.N.S.’).

                             3. As per FIR, the petitioners and other co-accused

                   persons alleged to involve in committing murder of father of the

                   informant by assaulting through Lathi, where occurrence alleged

                   to be taken place due to land dispute.

                             4. Learned counsel appearing on behalf of the petitioners

                   submitted that informant is not the actual eye witness of the
Patna High Court CR. MISC. No.26524 of 2026(2) dt.30-04-2026
                                            2/3




          occurrence as per FIR. It is submitted that 8-10 persons

          equipped with lathi in their hand taking his father inside the

          Banana orchard and when the informant reached near to that

          orchard, he heard the sound of assault due to indiscriminate

          assault made by using lathi. It is submitted that when the

          informant finally reached at the place of occurrence, he saw in

          the light of electricity that petitioners along with other co-

          accused persons were running away from the place of

          occurrence. It is submitted that both petitioners are ladies and to

          harass the entire family due to land dispute, they were

          implicated with the present crime in question.

                   5. It is submitted that petitioner no. 1 implicated due to

          wife of accused Suresh Mahto and petitioner no. 2 implicated as

          she is the daughter of accused Dilip Mahto. It is pointed out that

          informant merely on the basis of suspicion that petitioners were

          found running, implicated them with the present crime in

          question. Both petitioners are women of clean antecedent.

                   6. Learned A.P.P. for the State duly assisted by Mrs.

          Bela Singh, learned counsel appearing for the informant, while

          opposing the prayer for anticipatory bail of the petitioners,

          submitted that petitioners were found running away from the

          place of occurrence immediately after the occurrence, which
           Patna High Court CR. MISC. No.26524 of 2026(2) dt.30-04-2026
                                                       3/3




                     suggest that they were involved in the crime in question.

                              7. In view of the aforesaid factual submissions and by

                     taking note of the fact as both the petitioners are ladies of clean

                     antecedent, where their implication prima facie appears being

                     female family members of the main co-accused persons,

                     accordingly, the two above-named petitioners, in the event of

                     their arrest/surrender within a period of four weeks from this

                     order, are directed to be enlarged on bail on furnishing of bail

                     bond of Rs.10,000/- (ten thousand only) each with two sureties

                     of the like amount each to the satisfaction of learned Judicial

                     Magistrate - 1st Class, Vaishali at Hajipur/concerned court in

                     connection with Bidupur P.S. Case No. 583 of 2025, subject to

                     the conditions as laid down under Section 438(2) of the

                     Cr.P.C/Section 482(2) of the Bhartiya Nagarik Suraksha Sanhita

                     (in short “B.N.S.S.”).


                                                                   (Chandra Shekhar Jha, J)
Rajeev/-

U      T


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