Patna High Court
Neha DeviversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- ANIL KUMAR SINHA
Holding
The court granted anticipatory bail to the petitioner.
Summary
The petitioner, Neha Devi, a sister‑in‑law (Nanad) of the deceased, was implicated in a murder case (Police Station Case No. 165 of 2025) under Sections 80(2) and 80(3)(5) of the Bhartiya Nyaya Sanhita. The prosecution alleged that she, along with others, strangulated the victim and disposed of the body on a railway track. The petitioner contended that she had no involvement, that the allegations were general and omnibus, and highlighted that similarly situated co‑accused had already been granted anticipatory bail by a coordinate bench. The court, considering these submissions and the precedent of bail to co‑accused, decided to grant anticipatory bail to the petitioner. The bail was conditioned on a bond of Rs. 10,000 with two sureties and subject to Section 482(2) of the Bhartiya Nagrik Suraksha Sanhita, 2023.
Issues considered
- Whether anticipatory bail should be granted to the petitioner under the Bhartiya Nyaya Sanhita in view of the allegations of murder
- Whether the grant of anticipatory bail to co‑accused necessitates a similar relief for the petitioner
Legislation cited
- Bhartiya Nagrik Suraksha Sanhita, 2023 — s. 482(2)
- Bhartiya Nyaya Sanhita — s. 80(2), 80(3)(5)
Subjects
- anticipatory bail
- murder
- sister‑in‑law
- Bhartiya Nyaya Sanhita
- Bhartiya Nagrik Suraksha Sanhita
- Section 80
- Section 482
- criminal procedure
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.30556 of 2026
Arising Out of PS. Case No.-165 Year-2025 Thana- CHANPATIA District- West Champaran
======================================================
Neha Devi S/o Gulshan Kumar, D/o Late Jagdish Raut D/o R/o Village -
Chanpatiya, Railway Station Road, P.S. - Chanpatiya, District - West
Champaran. At present R/o Village - Gauripur, P.S. - Balthar, Dist. - West
Champaran, as per FIR(At present Address).
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Bimlesh Kumar Pandey
For the Opposite Party/s : Mr. Ram Anurag Singh
======================================================
CORAM: HONOURABLE MR. JUSTICE ANIL KUMAR SINHA
ORAL ORDER
2 07-05-2026 1. Heard learned Counsel for the petitioner and learned
Additional Public Prosecutor for the State.
2. This application, for grant of anticipatory bail, arises out
of Chanpatiya Police Station Case No. 165 of 2025, dated
24.08.2025, disclosing offences under Sections 80(2)/3(5)
of the Bhartiya Nyaya Sanhita.
3. That the prosecution case, in brief, is that on 24.08.2025
at about 5:00 A.M., the informant received information
that his daughter, Pooja Devi, had been killed by her in-
laws at her matrimonial home. Upon receiving the
information, the informant, along with his family
members, went to the matrimonial house of the deceased
and neither found the dead body of his daughter nor the
Patna High Court CR. MISC. No.30556 of 2026(2) dt.07-05-2026
2/3
deceased’s in-laws at the house. It has further been
alleged that all the accused persons, including the
petitioner, have killed the informant’s daughter by
strangulating her and placed her dead body on railway
track. Prior to the occurrence, the deceased was assaulted
and threatened to kill on several occasions. The marriage
of the deceased was solemnized in the year 2022 and out
of the wedlock one son was born.
4. Learned counsel for the petitioner submits that the
petitioner is married Nanad (sister-in-law) of the deceased
and has not committed any offence in the manner alleged.
The petitioner has falsely been implicated in the present
case due to the fact that entire family members of the
deceased’s husband has been made accused alleging
general and omnibus allegations. He next submits that the
the deceased husband is in custody and had no concern
either with him or his deceased wife inasmuch as she
lives separately in mess and property at her matrimonial
home. He further submits that similarly situated co-
accused persons, namely, Mukesh Dom @ Mukesh Raut
and Munna Malik @ Munna Raut, have been granted
anticipatory bail by a Co-ordinate Bench of this Court in
Patna High Court CR. MISC. No.30556 of 2026(2) dt.07-05-2026
3/3
Cr. Misc. No. 29581 of 2026.
5. Having regard to the submissions made on behalf of the
parties and taking into consideration the fact that
petitioner is married Nanad of the deceased having
general and omnibus allegation and similarly situated co-
accused persons have been granted anticipatory bail by a
Co-ordinate Bench of this Court, I am inclined to grant
the petitioner privilege of anticipatory bail.
6. This application is, accordingly, allowed.
7. Let the petitioner, above named, in the event of his arrest
or surrender before the Court below within four weeks, be
released 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 Judicial Magistrate
First Class, Bettiah, West Champaran, in connection with
Chanpatiya Police Station Case No. 165 of 2025, subject
to the condition laid down under Section 482 (2) of the
Bhartiya Nagrik Suraksha Sanhita, 2023.
(Anil Kumar Sinha, J)
ashwani/-
U T
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