Patna High Court
Gyanti DeviversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- PRABHAT KUMAR SINGH
Holding
The Court allowed anticipatory bail to the petitioners, holding that no specific allegation of participation in the murder was made against them.
Summary
Gyanti Devi and Lalita Devi applied for anticipatory bail after being named in a FIR alleging involvement in a murder under Sections 302 and 34 of the Indian Penal Code. The prosecution alleged that co‑accused Rajan Ray and Bhola Ray assaulted an informant, causing his death, but the petitioners contended they were not involved in any overt act and are women with no specific allegations against them. The State opposed the bail, arguing the seriousness of the charges. The Court examined the facts, noted the lack of direct accusation against the petitioners, and considered the protective scope of anticipatory bail. Accordingly, the Court granted anticipatory bail, directing that if arrested within eight weeks they be released on bail upon furnishing a bond of Rs.10,000 with two sureties, subject to conditions under Section 482(2) of the CrPC.
Issues considered
- Whether the petitioners are entitled to anticipatory bail despite the FIR naming them in a murder case under Sections 302/34 IPC.
- Whether the allegations against co‑accused can be extended to the petitioners in the absence of specific charges.
Legislation cited
- Code of Criminal Procedure, 1973 — s. 482(2)
- Indian Penal Code — s. 302, 34
Subjects
- anticipatory bail
- IPC 302
- IPC 34
- Section 482
- Criminal law
- Bihar High Court
- murder
- bail application
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.5647 of 2026
Arising Out of PS. Case No.-56 Year-2024 Thana- AWTARNAGAR District- Saran
======================================================
1. Gyanti Devi Son of Late Basawan Ray Resident of village-Jhauwa Tola
Goraipur Ps- Awatar Nagar /Awtar Nagar Dist- Saran at Chapra
2. Lalita Devi wife of Rajan Ray Resident of village-Jhauwa Tola Goraipur Ps-
Awatar Nagar /Awtar Nagar Dist- Saran at Chapra
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Ajit Kumar Singh, Advocate
For the Opposite Party/s : Mr. Umeshanand Pandit, A.P.P.
======================================================
CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH
ORAL ORDER
2 04-02-2026 Heard learned counsel for the petitioners and the
State.
2. Petitioners apprehend arrest in a case registered for
the offences punishable under Sections 302/34 of the Indian
Penal Code.
3. As per prosecution case, on 12.03.2024 at about
5:30 PM, all the F.I.R. named accused persons, including these
petitioners, came at the house of informant and started abusing
informant and his family members. Upon protest by the father
of informant, co-accused Rajan Ray and Bhola Ray brutally
assaulted him with bricks and stick and pressed his neck as a
result of which, father of the informant died on the spot.
Patna High Court CR. MISC. No.5647 of 2026(2) dt.04-02-2026
2/2
4. Learned counsel for the petitioners submits that
petitioners are innocent and have committed no offence. As per
F.I.R., specific and direct allegation of assaulting the deceased is
against co-accused Rajan Ray and Bhola Ray. So far these
petitioners are concerned, they are not the assailants of the
deceased. Petitioners are ladies and there is absolutely no
allegation of any overt act against them.
5. Learned A.P.P. for the State vehemently opposed
the bail application.
6. Considering backdrop of the case and nature of
accusation, this anticipatory bail is allowed and it is ordered that
let the above named petitioners in the event of their
arrest/surrender before the court below within a period of eight
weeks from today, be enlarged on bail on furnishing bail-bond
of Rs. 10,000/- (ten thousand) each with two sureties of the like
amount each to the satisfaction of Judicial Magistrate, 1st Class,
Saran at Chapra in connection with Awtar Nagar/ Awatar Nagar
P. S. Case No. 56 of 2024, subject to condition as laid down
under Section 482(2) of the BNSS.
(Prabhat Kumar Singh, J)
Navya/-
U T
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