Patna High Court
Priya DeviversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- PRABHAT KUMAR SINGH
Holding
Anticipatory bail is granted to the petitioner subject to the conditions stipulated under Section 438(2) Cr.P.C. and Section 482(2) B.N.S.S.
Summary
Petitioner Priya Devi, a woman with a clean antecedent, was made an accused in a murder case (Sections 302, 201 & 34 IPC) alleging an illicit relationship with the deceased's husband. She filed a petition for anticipatory bail, arguing she had no role in the murder. The State opposed the bail. The Court examined the facts and, noting the lack of direct involvement, granted anticipatory bail subject to a bail bond of Rs. 10,000 with two sureties and conditions under Section 438(2) Cr.P.C. and Section 482(2) B.N.S.S. The order directs surrender to the Additional Sessions Judge within eight weeks.
Issues considered
- Whether the petitioner is entitled to anticipatory bail in a murder case where she is alleged to have had an illicit relationship with the deceased's husband but no direct participation in the murder.
Legislation cited
- B.N.S.S. — s. 482(2)
- Code of Criminal Procedure, 1973 — s. 438(2)
- Indian Penal Code — s. 201, 302, 34
Subjects
- anticipatory bail
- murder
- Indian Penal Code
- Criminal Procedure Code
- bail conditions
- clean antecedent
- illicit relationship
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.334 of 2026
Arising Out of PS. Case No.-128 Year-2024 Thana- PATAHI District- East Champaran
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Priya Devi Son of Pappu Singh R/o Village - Nonfarwa, P.S. - Patahi, District
- East Champaran. Present Address - Village - Sivpur Kundal, Chaita, P.S. -
Pakaridayal, Dist. - East Champaran.
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr.Pawan Kumar
For the Opposite Party/s : Mr.Bharat Bhushan
======================================================
CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH
ORAL ORDER
2 21-01-2026 Heard learned counsel for the petitioner and learned
A.P.P. for the State.
2. The petitioner apprehends her arrest in a case
registered for the offence under Sections 302, 201 & 34 of the
Indian Penal Code.
3. Learned counsel for the petitioner submits that
petitioner has been made accused in this case with allegation
that she had illicit relation with husband of deceased. Save &
except this, there is no allegation that she in any manner
participated in commission of murder of deceased. Petitioner is
lady and claims clean antecedent.
4. Learned A.P.P. for the State opposes the prayer for
anticipatory bail.
Patna High Court CR. MISC. No.334 of 2026(2) dt.21-01-2026
2/2
5. In the facts and circumstances of the case, in the
event of arrest/surrender before the Trial Court within a period
of eight weeks from today, let the above named petitioner be
enlarged on bail on furnishing bail-bond of Rs. 10,000/- (ten
thousand) with two sureties of the like amount each to the
satisfaction of learned Addl. Sessions Judge – 10, East
Champaran (Motihari) in connection with Patahi P.S. Case No.
128 of 2024, subject to condition as laid down under Section
438(2) of the Cr.P.C. / Section 482(2) of the B.N.S.S.
(Prabhat Kumar Singh, J)
anay
U T
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