Patna High Court
Rita DeviversusThe State Of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- PRABHAT KUMAR SINGH
Holding
The court granted anticipatory bail to the petitioners subject to the stipulated conditions.
Summary
The petitioners, three sisters-in-law of a deceased woman, sought anticipatory bail fearing arrest in a case registered under IPC sections 328, 302, 201 and 34 for alleged poisoning and murder of the informant's daughter on 31 May 2023. The prosecution alleged that the daughter was forcibly given poison, leading to her death, and that the petitioners were implicated. The petitioners contended they had no involvement, highlighted the generic and ambiguous nature of the accusations, and pointed to their clean antecedents, noting that the husband had already obtained anticipatory bail in a related matter. The State opposed the bail application. The court, after considering the lack of specific evidence against the petitioners and their clean record, granted anticipatory bail subject to a bail bond of Rs.10,000 and two sureties, with conditions under Section 482(2) of the B.N.S.S. 2023.
Issues considered
- Whether anticipatory bail should be granted to the petitioners under the circumstances of the case
- Whether the allegations against the petitioners are sufficiently specific to deny bail
Legislation cited
- B.N.S.S., 2023 — s. 482(2)
- Indian Penal Code — s. 201, 302, 328, 34
Subjects
- anticipatory bail
- Indian Penal Code
- murder
- poison
- criminal procedure
- bail conditions
- generic allegations
- clean antecedents
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.2737 of 2026
Arising Out of PS. Case No.-406 Year-2023 Thana- MAKHDUMPUR District- Jehanabad
======================================================
1 . Rita Devi W/O Sugandh Yadav Resident Of Village- Mishripur, P.s.-
Makhdumpur, Dist.- Jehanabad
2. Chhoti Kumari W/O Gonga Yadav @ Pankaj Kumar Resident Of Village-
Mishripur, P.s.- Makhdumpur, Dist.- Jehanabad
3. Soni Devi W/O Dhananjay Kumar @ Dhananjay Yadav Resident Of Village-
Mishripur, P.s.- Makhdumpur, Dist.- Jehanabad
... ... Petitioner/s
Versus
The State Of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Nitya Nand Neeraj, Advocate
For the Opposite Party/s : Mr. Arun Kumar Pandey, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH
ORAL ORDER
2 11-02-2026 Heard learned counsel appearing on behalf of the
petitioners and learned APP appearing on behalf of the State .
2. The petitioners apprehend their arrest in a case
registered for the offence punishable under Sections 328, 302,
201/34 of the Indian Penal Code .
3 . As per prosecution case, in short, the marriage of
the informant’s daughter was solemnized with the petitioner in
the year 2017. It is further alleged that on 31.05.2023 at about
10:00 P.M., the son-in-law of the informant informed her over
phone that poison had been administered to her daughter.
Thereafter when the informant and others reached the
Patna High Court CR. MISC. No.2737 of 2026(2) dt.11-02-2026
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matrimonial house, the in-laws of her daughter did not allow
them to meet her daughter or her children and also misbehaved
with them. The informant further alleged that her daughter was
killed by forcibly administering poison to her leading to filing of
the FIR.
4. It is submitted by learned counsel appearing on
behalf of the petitioners that petitioners are quite innocent and
have committed no offence. Learned counsel submits that
petitioners are sisters-in -law are of the deceased and they are
separate in mess and property and have got no concern with the
affiars It is further submitted that allegations are generic and
ambiguous in nature without giving any specifics of time and
date of occurrence . It is further submitted that thrust of
accusation is against husband who has already been granted
anticipatory bail by a coordinate Bench of this Court vide order
dated 17.09.2025 passed in Cr. Misc. No.65706 of 2025.
Petitioners claim clean antecedents.
5 . Learned A.P.P. for the State has vehemently
opposed the prayer for grant of anticipatory bail to the
petitioners.
6. Considering the facts and circumstances of the
case, rival submissions, general and omnibus nature of
Patna High Court CR. MISC. No.2737 of 2026(2) dt.11-02-2026
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accusation, clean antecedents of the petitioners, the prayer for
grant of anticipatory bail to the petitioners is allowed.
7. Accordingly, in the event of arrest/surrender within
a period of eight weeks from today, let the above named
petitioners be enlarged on bail on furnishing bail-bond of Rs.
10,000/- (ten thousand) each with two sureties of the like
amount each to the satisfaction of learned Additional Chief
Judicial Magistrate-I, Jehanabad, in connection with
Makhdumpur P.S. Case No.406/2023 , subject to condition as
laid down under Section 482(2) of the B.N.S.S. 2023 .
(Prabhat Kumar Singh, J)
Koushik/-
U T
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