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Patna High Court

Neha DeviversusThe State of Bihar

Decided
Disposal
BAIL GRANTED

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

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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