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Patna High Court

Hiramuni DeviversusThe State of Bihar

Decided
Disposal
BAIL GRANTED

Holding

Anticipatory bail is granted to the petitioner subject to the stipulated conditions.

Summary

The petitioner, Hiramuni Devi, feared arrest in a murder case (PS Case No. 45 of 2025) where she is alleged to have participated in killing her son‑in‑law. The prosecution charged her under Sections 103(1), 238 and 3(5) of the Bharatiya Nyaya Sanhita, 2023. Her counsel argued she is innocent and that all other accused have already been tried and acquitted. The State opposed the bail request. The High Court, after considering the submissions, granted anticipatory bail subject to a Rs.10,000 bond, two sureties, and a verification condition that the co‑accused’s acquittals be confirmed. The bail is to be released under Section 482(2) of the BNSS, with the lower court to ensure the condition is satisfied before accepting the bond.

Issues considered

  • Whether anticipatory bail can be granted to the petitioner under Section 482(2) of the Bharatiya Nyaya Sanhita, 2023.
  • Whether the fact that all other accused have been acquitted influences the grant of bail.

Legislation cited

Subjects

  • anticipatory bail
  • criminal procedure
  • Section 482
  • Bharatiya Nyaya Sanhita
  • murder
  • acquittal
  • bail conditions

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.44679 of 2025
                     Arising Out of PS. Case No.-45 Year-2025 Thana- KORANSARAI District- Buxar
                 ======================================================
                 Hiramuni Devi W/O Raj Kumar Gond Resident of Village- Koransarai, P.S-
                 Koransarai, District- Buxar.

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

                                                        ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :      Mr. Arvind Kumar Pradhan
                 For the Opposite Party/s :      Mr. Narendra Kumar Singh
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE SANDEEP KUMAR
                                       ORAL ORDER

3   26-02-2026                  Heard the learned counsel for the petitioner and

                   learned counsel for the State.

                                2. The petitioner apprehends arrest in connection with

                   Koransarai P.S. Case No. 45 of 2025 registered for offences

                   under Sections 103(1), 238 and 3(5) of the Bharatiya Nyaya

                   Sanhita, 2023.

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

                   mother-in-law of the deceased. She along with others is said to

                   have killed the deceased.

                                4. Learned counsel for the petitioner submits that

                   petitioner is quite innocent and has not committed any offence.

                   He further submits that all the accused persons except the

                   petitioner have faced trial and have been acquitted.

                                5. Learned APP for the State has vehemently opposed
            Patna High Court CR. MISC. No.44679 of 2025(3) dt.26-02-2026
                                                        2/2




                      the prayer for bail.

                                   6. Considering the facts and circumstances of the case

                      and the submission of the learned counsel for the petitioner, this

                      application for anticipatory bail is 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) 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

                      Kooransarai P.S. Case No. 45 of 2025 subject to the conditions

                      as laid down under Section 482(2) of the BNSS and with further

                      condition that:-

                                                  (I). At the time of accepting the bail
                                      bonds of the petitioner, the Court below shall verify
                                      the submission of the learned counsel for the
                                      petitioner i.e., all the accused persons except the
                                      petitioner have faced trial and have been acquitted.
                                      If the statement of the petitioner is found to be true
                                      then only the bail bonds of the petitioner shall be
                                      accepted otherwise appropriate order shall be
                                      passed by the Court below.



                                                              (Sandeep Kumar, J)
Shishir/-

U       T


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