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Patna High Court

Basanti DeviversusThe State of Bihar

Decided
Disposal
BAIL GRANTED

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
Patna High Court CR. MISC. No.68243 of 2025(3) dt.27-01-2026
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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
             Patna High Court CR. MISC. No.68243 of 2025(3) dt.27-01-2026
                                                         3/3




                       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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