Patna High Court
Basanti DeviversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- PRABHAT KUMAR SINGH
Holding
Anticipatory bail is granted to the petitioner subject to the conditions stipulated under Section 482(2) of the B.N.S.S.
Summary
Basanti Devi, the mother‑in‑law of a deceased woman, feared arrest in a case registered under Sections 103, 238 and 61(2) of the B.N.S., alleging her involvement in kidnapping and killing the deceased along with a co‑accused. She contended that she was falsely implicated because of familial ties and that the actual dispute was between the deceased and her husband, who is already in custody, asserting her clean antecedents. The State opposed her prayer for anticipatory bail. The Court, considering the general nature of the accusation, the petitioner’s clean record, and the lack of direct evidence, granted anticipatory bail subject to a bail bond of Rs 10,000 with two sureties and conditions under Section 482(2) of the B.N.S.S. The order directs that if arrested within eight weeks, she be released on bail.
Issues considered
- Whether anticipatory bail should be granted to Basanti Devi in a case involving alleged kidnapping and murder under Sections 103, 238 and 61(2) of the B.N.S.
Legislation cited
Subjects
- anticipatory bail
- kidnapping
- murder
- suicide
- clean antecedents
- bail bond
- sureties
- Section 482
- criminal procedure
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.68243 of 2025
Arising Out of PS. Case No.-30 Year-2025 Thana- Hathiyav District- Sheikhpura
======================================================
Basanti Devi W/o Late Jhapsi Mistri Resident of Village- Gosaimadhi, P.S.-
Hathiyawan, District- Sheikhpura
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner : Mr. Rajesh Kumar Mishra, Advocate
For the State : Ms. Renu Kumari, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH
ORAL ORDER
3 27-01-2026 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, 238
and 61(2) of the B.N.S..
3. As per prosecution case, it is alleged that this
petitioner, along with co-accused Pankaj Kumar, kidnapped and
killed the deceased.
4. It is submitted by learned counsel appearing on
behalf of the petitioner that petitioner is quite innocent and has
committed no offence. Petitioner has falsely been implicated in
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this case merely because she happens to be mother-in-law of the
deceased. Petitioner is separate in mess and property and has got
no concern with the affairs of the deceased and her husband.
Thrust of accusation is against husband of deceased who is
already in custody. As a matter of fact, there was quarrel
between the couple due to which, the deceased herself
committed suicide. 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 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 Chief Judicial Magistrate,
Sheikhpura in connection with Hathiyawan P.S. Case No. 30 of
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2025, subject to condition as laid down under Section 482(2) of
the B.N.S.S..
(Prabhat Kumar Singh, J)
shashank/-
U T
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