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Patna High Court

Shobha Devi @ Sima DaweversusThe State of Bihar

Decided
Disposal
BAIL REJECTED

Holding

Anticipatory bail was denied as the petition was barred by the pending Section 82 proceeding and the heinous nature of the offence.

Summary

The petitioner, Shobha Devi, was named in an FIR for murder, criminal conspiracy and common intention under Sections 302, 120(2) and 34 of the IPC. She applied for anticipatory bail, claiming she lived separately and had a clean antecedent, arguing that the allegations of an illicit relationship were merely suspicion. The State opposed, contending that a Section 82 proceeding under the Criminal Procedure Code had already been initiated against her, and cited Supreme Court precedents. The petitioner’s counsel relied on another Supreme Court decision asserting that anticipatory bail is not an absolute bar. The Court, noting the pending Section 82 proceeding and the heinous nature of the alleged offence, rejected the anticipatory bail application.

Issues considered

  • Whether anticipatory bail can be granted when a Section 82 proceeding under the Criminal Procedure Code is already pending against the accused.
  • Whether the seriousness of the alleged offence (murder) precludes the grant of anticipatory bail.

Legislation cited

Subjects

  • anticipatory bail
  • Section 82 CrPC
  • murder
  • IPC
  • heinous offence
  • criminal procedure

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.31023 of 2026
                  Arising Out of PS. Case No.-205 Year-2024 Thana- PAHARPUR District- East Champaran
                 ======================================================
                 Shobha Devi @ Sima Dawe W/o- Vakil Mahto Village- Siswa Nuniyawa Tola
                 PS- Paharpur, Dist- East Champaran

                                                                                  ... ... Petitioner/s
                                                       Versus
                 The State of Bihar

                                                        ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :       Mr. Subodh Kumar Barnwal
                 For the Opposite Party/s :       Mr. Zainul Abedin
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE CHANDRA SHEKHAR JHA
                                       ORAL ORDER

2   13-05-2026                    Heard the parties.

                                2. The petitioner is named in the F.I.R. and

                   apprehending her arrest in connection with Paharpur P.S.

                   Case No. 205 of 2024 registered for the offences

                   punishable under Sections 302, 120(2), 34 of IPC.

                                3. As per FIR the husband of the grand-

                   daughter of informant was in illicit relationship with this

                   petitioner, which remains continued and when it was

                   objected repeatedly by the grand-daughter of the

                   informant, the petitioner alongwith husband of the

                   grand-daughter of the informant namely, Mukesh Mahto

                   committed murder of the married grand-daughter of the
Patna High Court CR. MISC. No.31023 of 2026(2) dt.13-05-2026
                                            2/3




          informant.

                       4. It is submitted by learned counsel appearing

          on behalf of the petitioner that petitioner is a lady who is

          living separately. It is submitted that the allegations qua

          relationship is merely suspicion and it appears that out

          of said suspicion only the petitioner implicated with

          present crime in question with aid of Section 34 of IPC.

          Petitioner claimed clean antecedent.

                       5. Learned APP while opposing the prayer of

          anticipatory bail submitted that impugned order itself

          suggests that same was rejected being not maintainable

          as process under Section 82 of Cr.P.C. has already been

          initiated against petitioner. It is submitted that said

          order was passed after considering the legal report of

          Hon’ble Supreme Court as available through Asha

          Dubey vs. State of Madhya Pradesh reported in

          2024 SCC OnLine SC 5633.

                       6. Countering the aforesaid submission, it is

          pointed out by learned counsel for the petitioner that
              Patna High Court CR. MISC. No.31023 of 2026(2) dt.13-05-2026
                                                          3/3




                        there is no absolute bar granting anticipatory bail and in

                        interest of justice it can be passed. In support of his

                        submission learned counsel relied upon the legal report

                        of Hon’ble Supreme Court as available through Srikant

                        Upadhyay and Others Vs. State of Bihar, 2024

                        SCC OnLine SC 282, however, he conceded that the

                        nature of allegation is of heinous offence like murder.

                                     7. In view of aforesaid factual submissions and

                        by taking note of fact as proceedings under Section 82

                        of Cr.P.C. has already been initiated against petitioner,

                        where alleged offence is heinous in nature, accordingly,

                        the prayer of anticipatory bail of this petitioner stands

                        rejected.



                                                                 (Chandra Shekhar Jha, J)
Sudha/-

U         T


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