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Patna High Court

Ram Joyti DeviversusThe State of Bihar

Decided
Disposal
BAIL GRANTED

Holding

The court granted anticipatory bail to the petitioner subject to the stipulated conditions.

Summary

Ram Joyti Devi, a 91‑year‑old mother‑in‑law, sought anticipatory bail fearing arrest in connection with Bihta police case No. 716 of 2023, which alleges offences under IPC sections 304(B), 201 and 34. The prosecution opposed the bail, while the petitioner asserted innocence and clean antecedents. The court considered her advanced age and the fact that she had only been summoned under Section 319 of the Cr.P.C. The judge allowed the anticipatory bail, directing the petitioner to furnish a bail bond of Rs.10,000 with two sureties and to comply with conditions under Section 482(2) of the B.N.S.S. Act, including regular appearance in trial. The order emphasized that the observations were prima facie and not a determination on the merits of the criminal case.

Issues considered

  • Whether anticipatory bail should be granted to an elderly petitioner accused of offences under IPC sections 304(B), 201 and 34.
  • Whether the conditions imposed under Section 482(2) of the B.N.S.S. Act are appropriate in the circumstances.

Legislation cited

Subjects

  • anticipatory bail
  • age factor
  • IPC 304B
  • IPC 201
  • IPC 34
  • Criminal Procedure Code
  • bail conditions

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.37777 of 2026
                         Arising Out of PS. Case No.-716 Year-2023 Thana- BIHTA District- Patna
                 ======================================================
                 Ram Joyti Devi Wife of Meghanath Singh @ Raghunath Singh Resident of
                 village - Dehari, P.S.- Bihta, Dist.- Patna.

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

                                                        ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :       Mr. Ramji Kumar, Adv.
                 For the Opposite Party/s :       Mr. Lalan Kumar, APP
                 For the Informant        :       Mr. Ajay Kumar Thakur, Adv.
                                                  Mr. Mudit Meet, Adv.
                                                  Mr. Purrushottam Kumar, Adv.
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE SANDEEP KUMAR
                                       ORAL ORDER

2   15-06-2026                     Heard learned counsel for the petitioner, learned

                   counsel for the informant and learned A.P.P. for the State.

                                   2. The petitioner apprehends arrest in connection

                   with Bihta P.S. Case No. 716 of 2023 registered for offences

                   under Sections 304(B), 201/34 of I.P.C.

                                   3. As per the prosecution case, the petitioner is the

                   mother-in-law of the deceased.

                                   4. Learned counsel for the petitioner submits that

                   petitioner is quite innocent and has not committed any offence.

                   The petitioner claims clean antecedent. The petitioner is 91

                   years old lady, who has been summoned to face trail under

                   Section 319 of Cr.P.C.
Patna High Court CR. MISC. No.37777 of 2026(2) dt.15-06-2026
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                          5. Learned A.P.P. for the State as well as learned

          counsel for the informant have vehemently opposed the prayer

          for bail.

                          6. Considering the age and the fact that the

          petitioner has been summoned to face trial under Section 319 of

          Cr.P.C., this application for anticipatory bail stands allowed.

                          7. Accordingly, let the petitioner, above-named, in

          the event of arrest or surrender within four weeks from today in

          the Court below, be released on anticipatory bail on furnishing

          bail bonds of Rs. 10,000/- (Rupees Ten Thousand Only) with

          two sureties of the like amount each to the satisfaction of

          learned Court below where the case is pending/successor Court

          in connection with Bihta P.S. Case No. 716 of 2023, subject to

          the conditions as laid down under Section 482(2) of the

          B.N.S.S. with further conditions that:-

                                               (i) The petitioner shall appear in
                                  the trial regularly either personally or
                                  through her lawyer and shall cooperate in
                                  the trial and non-cooperation in the trial
                                  shall result in cancellation of the bail bond
                                  of the petitioner.
                                               (ii) The trial Judge will not insist
                                  for personal appearance of the petitioner on
                                  each and every date.
                                               (iii)   The     petitioner   shall   be
            Patna High Court CR. MISC. No.37777 of 2026(2) dt.15-06-2026
                                                        3/3




                                              required to appear in the court below on the

                                              date of framing of charge.

                                                           These       directions   are   given

                                              considering the age of the petitioner.

                                      8. It is made clear that any observation made herein

                      is prima facie in nature and limited solely for the purpose of

                      adjudication of the present bail application. Such observations

                      shall not be construed as an expression on the merits of the case

                      and shall not influence the trial or any other proceedings in any

                      manner.



                                                 (Sandeep Kumar, J)
sadique/-

U      T


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