Patna High Court
Sita DeviversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- SANDEEP KUMAR
Holding
The Court allowed the anticipatory bail application, granting bail subject to the conditions of Section 438(2) CrPC and Section 482 B.N.S.
Summary
The petitioner, Sita Devi, sought anticipatory bail fearing arrest in a murder case (Manikpur P.S. Case No. 32 of 2025) involving offences under Sections 126(2), 115(2), 85, 80 and 3(5) of the B.N.S. and Sections 3 and 4 of the Dowry Prohibition Act. The prosecution alleged that she and others killed the deceased, while the petitioner claimed innocence, stating she is the mother‑in‑law of the deceased, resides elsewhere, has a clean antecedent and was falsely implicated. The State opposed the bail. The Court, after considering the facts and the petitioner's clean record, allowed the anticipatory bail application, directing release on a bail bond of Rs.10,000 with two sureties, subject to conditions under Section 438(2) of the CrPC and Section 482 of the B.N.S.
Issues considered
- Whether anticipatory bail can be granted to the petitioner under Section 438 of the CrPC and Section 482 of the B.N.S.
- Whether the petitioner is likely to be arrested in connection with the offences alleged.
- Whether the petitioner's clean antecedent and claim of false implication justify granting bail.
Legislation cited
- B.N.S. — s. 115(2), 126(2), 3(5), 80, 85
- Code of Criminal Procedure, 1973 — s. 438(2)
- Dowry Prohibition Act — s. 3, 4
Subjects
- anticipatory bail
- Section 438 CrPC
- Section 482 B.N.S.
- Dowry Prohibition Act
- criminal procedure
- false implication
- bail conditions
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.58560 of 2025
Arising Out of PS. Case No.-32 Year-2025 Thana- Manikpur P.S District- Arwal
======================================================
Sita Devi W/o Aganu Yadav @ Ganu Yadav @ Munna Yadav R/o Village-
Badahiya, P.S.- Manikpur, District- Arwal
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr.Paras Nath, Advocate
For the Opposite Party/s : Mr.Jharkhandi Upadhyaya, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE SANDEEP KUMAR
ORAL ORDER
4 20-02-2026 Heard learned counsel for the petitioner and learned
APP for the State.
2. The petitioner apprehends her arrest in
connection with Manikpur P.S. Case No. 32 of 2025 registered
for the offence under Sections 126(2), 115(2), 85, 80 and 3(5) of
the B.N.S. and Section 3/ 4 of the Dowry Prohibition Act.
3. As per the prosecution case, petitioner and
others are alleged to have killed the deceased.
4. It has been submitted by the learned counsel for
the petitioner that the petitioner is innocent and she has falsely
been implicated in this case. It is next submitted that petitioner
is mother-in-law of the deceased and she was residing in
Jehanabad with her husband managing a khatal which is
apparent from the FIR and the deceased along with her husband
Patna High Court CR. MISC. No.58560 of 2025(4) dt.20-02-2026
2/2
was staying in the village where she died and her husband is
already in jail since two months. Petitioner has clean antecedent.
5. Learned A.P.P. for the State opposes the prayer
for anticipatory bail of the petitioner.
6. Considering the aforesaid facts, this application
is allowed.
7. Let the petitioner, above named, in the event of
her arrest or surrender before the concerned Court below within
four weeks from today, be released on bail on furnishing bail
bond of Rs. 10,000/- (Ten Thousand) with two sureties of the
like amount each to the satisfaction of the learned Chief Judicial
Magistrate, Arwal/ concerned Court below in connection with
Manikpur P.S. Case No. 32 of 2025, subject to the conditions
laid down in Section 438(2) of the Code of Criminal Procedure,
1973 / Section 482 of the BNSS.
(Sandeep Kumar, J)
tusharika/-
U T
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