Patna High Court

Gita DeviversusThe State of Bihar

Decided: 19 February 2026
Disposal: BAIL REJECTED
Bench: PRABHAT KUMAR SINGH

Holding

Anticipatory bail was refused as the allegations involved a serious offence of murder.

Summary

The petitioner, Gita Devi, sought anticipatory bail after an FIR (Case No.43 of 2025) was lodged accusing her of murdering her daughter-in-law by strangulation, an offence punishable under Section 103(1) of the Bharatiya Nyaya Sanhita. The informant alleged that the petitioner pressed the victim’s neck, and the post‑mortem report confirmed strangulation as the cause of death. The High Court examined the seriousness of the allegation and the gravity of the offence. Considering the nature of the accusation and the seriousness of the charge, the Court found no sufficient ground to grant anticipatory bail. Consequently, the petition for anticipatory bail was rejected.

Issues considered

Whether the petitioner is entitled to anticipatory bail under Section 103(1) of the Bharatiya Nyaya Sanhita given the nature of the alleged offence.

Legislation cited

Bharatiya Nyaya Sanhita — s. 103(1)

Subjects

anticipatory bail
murder
Section 103
Bharatiya Nyaya Sanhita
high court
criminal procedure

Judgment

                       IN THE HIGH COURT OF JUDICATURE AT PATNA
                               CRIMINAL MISCELLANEOUS No.4193 of 2026
                          Arising Out of PS. Case No.-43 Year-2025 Thana- JADIA District- Supaul
                  ======================================================
                  Gita Devi Son of Sri Bhupendra Sharma@Bhapendra R/o Ward no. 7,
                  Baghaili, P.S. - Jadia, District - Supaul.

                                                                                     ... ... Petitioner/s
                                                         Versus
            1.    The State of Bihar
            2.    Anandi Sharma Wife of Late Kuldip Sharma R/o Village - Kanjara, Ward no.
                  12, P.S. - Chhatapur, Dist. - Supaul.

                                                         ... ... Opposite Party/s
                  ======================================================
                  Appearance :
                  For the Petitioner/s     :        Mr. Amrit Abhijat, Advocate
                  For the Opposite Party/s :        Mr. Choubey Jawahar, A.P.P.
                  ======================================================
                  CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH
                                        ORAL ORDER

2    19-02-2026                   Heard learned counsel for the petitioner and the State.
                                 2. Petitioner apprehends arrest in Jadia P. S. Case No.
                    43 of 2025 registered for the offences punishable under Section
                    103(1) of the Bharatiya Nyaya Sanhita.
                                 3. It is specific case of the informant that this
                    petitioner, who is mother-in-law of the daughter of informant,
                    killed her daughter by pressing the neck. Post-mortem report
                    corroborates that allegation as cause of death is found to be
                    strangulation.
                                 4. Considering the nature of accusation and gravity of
                    the offence, prayer for anticipatory bail of the petitioner is
                    refused.



                                           (Prabhat Kumar Singh, J)
Navya/-
U       T

Continue reading with your account

Checking your session…