Patna High Court
Ram Joyti DeviversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- SANDEEP KUMAR
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
- B.N.S.S. Act — s. 482(2)
- Criminal Procedure Code — s. 319
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
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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/-
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