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Patna High Court

Ajhola Devi @ Ajholiya DeviversusThe State of Bihar

Decided
Disposal
PARTLY ALLOWED (DISPOSAL)

Holding

Anticipatory bail may be granted where allegations are general, but must be denied where a specific allegation of instigating suicide exists.

Summary

The petitioners, Ajhola Devi and Khushbu Kumari, sought anticipatory bail in a case (Kajraili P.S. Case No. 117 of 2025) where they were accused of murder under Sections 103(1) and 3(5) of the BNS, with the deceased alleged to have committed suicide under Section 306 IPC. The petitioners claimed innocence, asserting that the deceased had climbed onto a bucket and taken his own life. The State opposed the bail. The court examined the allegations and, noting a general and omnibus allegation against petitioner No. 02, granted her anticipatory bail subject to Section 438(2) CrPC and Section 482 BNSS conditions. However, because petitioner No. 01 was specifically alleged to have instigated the suicide, the court refused anticipatory bail to her, directing her to surrender and apply for regular bail. The application was therefore partly allowed.

Issues considered

  • Whether anticipatory bail can be granted to petitioner No. 02 despite general allegations of involvement in the murder.
  • Whether anticipatory bail should be denied to petitioner No. 01 on the basis of a specific allegation of instigating the deceased's suicide.
  • Whether the provisions of Section 438(2) CrPC and Section 482 of the BNSS are applicable in granting or refusing anticipatory bail.

Legislation cited

Subjects

  • anticipatory bail
  • Section 438 CrPC
  • Section 482 BNSS
  • Section 306 IPC
  • suicide
  • murder
  • Bihar High Court

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.34981 of 2026
                      Arising Out of PS. Case No.-117 Year-2025 Thana- KAJRAILI District- Bhagalpur
                 ======================================================
           1.     Ajhola Devi @ Ajholiya Devi W/O Makko Tanti @ Makko Tati R/O
                  Village- Shahpur Tamauni, P.S- Kajraili, Distt.- Bhagalpur.
           2.    Khushbu Kumari @ Khushbu Devi W/O Vinay Tanti @ Vinay Kumar
                 Mandal R/O Village- Shahpur Tamauni, P.S- Kajraili, Distt.- Bhagalpur.

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

                                                        ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :        Mr.Bijendra Kumar
                                                   Mrs. Pravina Kumari
                 For the Opposite Party/s :        Mr.Brajendra Nath Pandey
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE SANDEEP KUMAR
                                       ORAL ORDER

2   10-07-2026                      Heard learned counsel for the petitioners and

                   learned APP for the State.

                                    2.        The petitioners apprehend their arrest in

                   connection with Kajraili P.S. Case No. 117 of 2025 registered

                   for the offence under Sections 103(1) and 3(5) of the BNS.

                                    3. As per the prosecution case, the petitioners and

                   others are accused of killing the deceased.

                                    4. It has been submitted by the learned counsel for

                   the petitioners that the petitioners are innocent and they have

                   falsely been implicated in this case. She further submits that

                   petitioner nos. 01 and 02 are the mother-in-law and sister-in-

                   law(Gotni) of the deceased respectively. She further submits that
Patna High Court CR. MISC. No.34981 of 2026(2) dt.10-07-2026
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          the deceased has committed suicide by climbing upon a bucket

          and charge-sheet has been submitted under Section 306 of the

          Indian Penal Code.

                          5. Learned APP for the State has opposed the

          application of the petitioners for grant of bail.

                          6. I have heard and considered the submissions of

          the parties and have gone through the records of the case. From

          the records of the case, it appears that there is general and

          omnibus allegation against the petitioner no. 02 and considering

          the same, this application is allowed with regard to her.

                          7. Accordingly, let the petitioner no. 02, above

          named, in the event of her arrest or surrender before the

          concerned Court below within four weeks from today, be

          released on bail on furnishing bail bond of Rs. 10,000/- (Ten

          Thousand) with two sureties of the like amount each to the

          satisfaction of the learned concerned Court below in connection

          with Kajraili P.S. Case No. 117 of 2025, subject to the

          conditions laid down in Section 438(2) of the Code of Criminal

          Procedure, 1973 / Section 482 of the BNSS.

                       8. So far as petitioner no. 01 is concerned, considering

          the allegation levelled against her of instigating the deceased for

          committing suicide, this Court is not inclined to grant
          Patna High Court CR. MISC. No.34981 of 2026(2) dt.10-07-2026
                                                      3/3




                    anticipatory bail to the petitioner no. 01.

                                 9. Accordingly, this application is dismissed with

                    regard to petitioner no. 01. She may surrender within four weeks

                    from today and pray for regular bail, if so advised.

                                 10. This application stands partly allowed.



                                               (Sandeep Kumar, J)
vikas/-

U


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