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Patna High Court

Rita DeviversusThe State Of Bihar

Decided
Disposal
BAIL GRANTED

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

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
                                            2/3




          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
                                                        3/3




                      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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