Patna High Court
Rita DeviversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- PRABHAT KUMAR SINGH
Holding
Anticipatory bail was granted to the petitioner subject to conditions under Section 482(2).
Summary
Rita Devi, the wife of a deceased man, was implicated in a murder case under Sections 103(1) and 3(5) of the B.N.S., 2023, based on an informant’s allegation that she and co‑accused killed the informant’s brother. The petitioner contended that the deceased had actually committed suicide by hanging, as confirmed by the post‑mortem report showing asphyxia and no external injuries, and that the case was fabricated to usurp her land. She applied for anticipatory bail, asserting her innocence, clean antecedents, and the lack of eyewitness testimony. The State opposed the bail, but the court considered the general nature of the accusation, the relationship between the parties, and the investigative material. The court granted anticipatory bail, directing that if arrested within eight weeks she be released on a bail bond of Rs. 10,000 with two sureties, subject to conditions under Section 482(2) of the B.N.S.S.
Issues considered
- Whether anticipatory bail should be granted to the petitioner under the allegations of murder and related offences.
- Whether the evidence, including the post‑mortem report, is sufficient to justify denial of bail.
- Whether the relationship between the parties and the petitioner’s clean antecedents warrant bail.
Legislation cited
- B.N.S., 2023 — s. 103(1), 3(5)
- B.N.S.S. — s. 482(2)
Subjects
- anticipatory bail
- murder
- suicide
- false accusation
- clean antecedents
- Section 482
- bail conditions
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.6354 of 2026
Arising Out of PS. Case No.-221 Year-2025 Thana- KATEYA District- Gopalganj
======================================================
Rita Devi D/o Dhebar Basfor Resident of village- Hatawa, PS- Kateya,
District- Gopalganj
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner : Mr. Dharmveer, Advocate
For the State : Mr. Narsingh Tanti, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH
ORAL ORDER
2 11-02-2026 Heard learned counsel appearing on behalf of the
petitioner and learned APP appearing on behalf of the State.
2. The petitioner apprehends her arrest in a case
registered for the offence punishable under Sections 103(1) and
3(5) of the B.N.S., 2023.
3. As per prosecution case, the informant’s brother,
who was residing in his in-laws’ house, was killed by this
petitioner and other co-accused persons.
4. It is submitted by learned counsel appearing on
behalf of the petitioner that petitioner is quite innocent and has
committed no offence. Petitioner is wife of the deceased.
Patna High Court CR. MISC. No.6354 of 2026(2) dt.11-02-2026
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Informant is not an eye-witness to the occurrence and only with
a view to grab the land of this petitioner, she and her whole
family has been made accused in this case. As a matte of fact,
the deceased committed suicide out of depression. In the post
mortem report also, cause of death is Asphyxia due to hanging
and doctor has found no external injury over the body of the
deceased, which itself falsifies the entire prosecution case.
Petitioner is a lady and claims clean antecedents.
5. Learned A.P.P. for the State has vehemently
opposed the prayer for grant of anticipatory bail to the
petitioner.
6. Considering the facts and circumstances of the
case, general and omnibus nature of accusation, relationship
between the parties, materials that have surfaced during course
of investigation and clean antecedents of the petitioner, the
prayer for grant of anticipatory bail to the petitioner is allowed.
7. Accordingly, in the event of arrest/surrender within
a period of eight weeks from today, let the above named
petitioner be enlarged on bail on furnishing bail-bond of Rs.
10,000/- (ten thousand) with two sureties of the like amount
each to the satisfaction of learned C.J.M., Gopalganj in
Patna High Court CR. MISC. No.6354 of 2026(2) dt.11-02-2026
3/3
connection with Kateya P.S. Case No. 221 of 2025, subject to
condition as laid down under Section 482(2) of the B.N.S.S..
(Prabhat Kumar Singh, J)
Shashank/
Abhishek-
U T
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