Patna High Court
Anita DeviversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- SANDEEP KUMAR
Holding
The court granted regular bail to the petitioner, Anita Devi.
Summary
Anita Devi, mother of a co-accused, was arrested in connection with a kidnapping and murder case (Srinagar P.S. Case No. 49/2025) under Sections 137(2), 140(1) and 3(5) of the B.N.S. The prosecution alleged that the informant's son was abducted and that Ravi Kumar and Mithilesh Kumar were involved in the killing. The petitioner contended that she was falsely implicated, has a clean antecedent, and has been in custody since 09‑10‑2025, undertaking to cooperate with the trial. The State opposed regular bail, but the court noted that a fellow female co‑accused, Renu Devi, had been granted bail in a similar case. Accordingly, the court allowed the bail application, directing the petitioner to furnish a bail bond of Rs.10,000 with two sureties.
Issues considered
- Whether the petitioner, Anita Devi, is entitled to regular bail despite the serious nature of the offences under the B.N.S.
- Whether the petitioner’s clean antecedent and false implication claim justify bail
Legislation cited
- B.N.S. — s. 137(2), 140(1), 3(5)
Subjects
- bail
- kidnapping
- murder
- false implication
- co-accused
- criminal procedure
- B.N.S.
- regular bail
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.5695 of 2026
Arising Out of PS. Case No.-49 Year-2025 Thana- SHRI NAGAR District- Madhepura
======================================================
Anita Devi Wife of Sadanand Sharma Resident of Village - Parmanandpur,
Ward No.- 3, Police Station - Srinagar, District - Madhepura.
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Ms.Pooja Prasad, Advocate
For the Opposite Party/s : Mr.Pawan Kumar Chaurasia, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE SANDEEP KUMAR
ORAL ORDER
3 31-03-2026 Heard learned counsel for the petitioner and learned
Additional Public Prosecutor for the State.
2. The petitioner seeks bail in connection with
Srinagar P.S. Case No. 49/2025 registered for the offences
punishable under Sections 137(2), 140(1) and 3(5) of the B.N.S.
3. As per the prosecution case, the son of the
informant was abducted and the informant suspected
involvement of Ravi Kumar in the kidnapping. It was
subsequently discovered that the deceased was killed by one
Mithilesh Kumar and Ravi Kumar.
4. Learned counsel for the petitioner submits that
petitioner is the mother of one of the co-accused and has falsely
been implicated in the present case. Learned counsel further
submits that petitioner has clean antecedent and is in custody
Patna High Court CR. MISC. No.5695 of 2026(3) dt.31-03-2026
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since 09.10.2025. The petitioner undertakes to co-operate in the
case/ trial.
5. Learned APP for the State has opposed the prayer
for regular bail of the petitioner.
6. Considering the aforesaid submissions advanced on
behalf of the parties as well as the fact that co-accused Renu
Devi who is a woman has been granted bail by a Co-ordinate
Bench of this Court vide order dated 21.01.2026 passed in Cr.
Misc. No. 74723/2025, this application for regular bail is
allowed.
7. Accordingly, let the petitioner, above named, be
released on bail on furnishing bail bonds of Rs. 10,000/- (Ten
Thousand) with two sureties of the like amount each to the
satisfaction of the learned Judicial Magistrate 1st Class,
Madhepura /concerned Court below in connection with
Srinagar P.S. Case No. 49/2025.
(Sandeep Kumar, J)
tusharika/-
U T
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