Patna High Court
Geeta DeviversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- SOURENDRA PANDEY
Holding
Anticipatory bail is granted to the petitioner with specified conditions.
Summary
Geeta Devi, the mother‑in‑law of the deceased, was implicated in a murder case (Motipur P.S. Case No. 31 of 2026) alleging she strangulated her daughter‑in‑law. The petitioner sought anticipatory bail under Sections 80(2) and 3(5) of the Bharatiya Nyaya Sanhita, 2023, contending that the post‑mortem report showed death by antemortem hanging and that the allegations were vague and motivated by a dowry dispute. The State opposed the bail. The Court examined the factual matrix, the nature of the allegations, and the statutory provisions governing anticipatory bail. It held that the petitioner was entitled to anticipatory bail, subject to monetary bond, sureties, and compliance conditions. The order also clarified that any observations made would not affect the trial.
Issues considered
- Whether anticipatory bail under Section 438 of the Code of Criminal Procedure, read with Section 482 of the Bharatiya Nyaya Sanhita, is warranted in the present case.
- Whether the allegations against the petitioner constitute a sufficient ground to deny anticipatory bail.
Legislation cited
- Bharatiya Nyaya Sanhita, 2023 — s. 3(5), 482(2), 80(2)
- Code of Criminal Procedure — s. 438(2)
Subjects
- anticipatory bail
- Bharatiya Nyaya Sanhita
- Section 438 CrPC
- dowry death
- murder
- post‑mortem report
- Section 80(2)
- Section 3(5)
- Section 482
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.44232 of 2026
Arising Out of PS. Case No.-31 Year-2026 Thana- MOTIPUR District- Muzaffarpur
======================================================
Geeta Devi, W/o Late Bhikhari Chaudhari @ Late Bhikhari Chaudhary, R/o
vill - Nakata, ward no. 11, P.S.- Motipur, Distt. - Muzaffarpur
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Anuj Kumar, Advocate
For the Opposite Party/s : Mr. Arun Kumar Pandey, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE SOURENDRA PANDEY
ORAL ORDER
2 08-07-2026 Heard learned counsel for the petitioner and learned
A.P.P. for the State.
2. Petitioner apprehends his arrest in connection with
Motipur P.S. Case No. 31 of 2026 registered for the offences
under Sections 80(2) and 3(5) of the Bharatiya Nyaya Sanhita,
2023.
3. The allegation against the petitioner is that she,
along with other family members, has strangulated the sister of
the informant, who happens to be the daughter-in-law of the
petitioner.
4. Learned counsel for the petitioner submits that the
petitioner is the mother-in-law of the deceased and has been
implicated in this case with general and omnibus allegations. It
has further been submitted that though the informant has alleged
Patna High Court CR. MISC. No.44232 of 2026(2) dt.08-07-2026
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that his sister was done to death by strangulation, however,
contrary to the same, the postmortem report indicates that the
deceased died due to asphyxia caused by antemortem hanging.
It has next been submitted that the petitioner, being an old lady,
has falsely been implicated with a general allegation of demand
of dowry and being in connivance with others in the killing of
her daughter-in-law. It has lastly been submitted that the
petitioner has clean antecedent.
5. Learned APP for the State has opposed the prayer
for anticipatory bail.
6. Considering the facts and circumstances of the case
and the submissions advanced on behalf of the parties, let the
petitioner above named be released on anticipatory bail, in the
event of arrest or surrender before the learned Court below
within a period of four weeks from today, on furnishing bail
bonds of Rs.10,000/-(ten thousand) with two sureties of the like
amount each to the satisfaction of the learned Court below
where the case is pending/successor court in connection with
Motipur P.S. Case No. 31 of 2026, subject to the conditions as
laid down under Section 438(2) of the Code of Criminal
Procedure read with corresponding Section 482(2) of B.N.S.S.
as well as subject to the following conditions:-
(i) One of the bailors of the petitioner shall be her
Patna High Court CR. MISC. No.44232 of 2026(2) dt.08-07-2026
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close relative.
(ii) The petitioner shall remain physically present in
Court on each date of the trial.
(iii) In case of absence on two consecutive dates, or in
violation of the terms of the bail, the bail bond of the
petitioner will be liable to be cancelled by the Court
concerned.
(iv) The learned Court below shall verify the criminal
antecedent of the petitioner and in case at any stage it is
found that the petitioner has concealed his criminal
antecedent, the court below shall take step for
cancellation of bail bond of the petitioner. However, the
acceptance of bail bonds in terms of the above-
mentioned order shall not be delayed for purpose of or
in the name of verification.
7. Accordingly, the prayer for anticipatory bail is
allowed.
8. It is made clear that the observation, if any, made in
this order, shall be of no bearing during the trial.
(Sourendra Pandey, J)
manoj/-
U T
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