Patna High Court
Anamani Devi @ Anmani DeviversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- RAJESH KUMAR VERMA
Holding
The court granted bail to the petitioner subject to specified conditions.
Summary
Anamani Devi, the mother‑in‑law of a deceased woman, was arrested on 12 June 2025 in connection with a murder case (Jitna PS Case No. 128 of 2025) and charged under Sections 103(1), 123 and 3(5) of the BNS, 2023. The prosecution alleged that the informant claimed the accused, including the petitioner, killed his daughter, but the petitioner's counsel argued that she has a clean antecedent and was falsely implicated, with no specific allegation against her in the FIR. The Additional Public Prosecutor opposed bail. The court noted the absence of a specific charge against the petitioner, her clean record, and the fact that the FIR contained only a general allegation against all accused. Consequently, the court granted bail on a bond of Rs. 10,000 with two sureties, subject to conditions of cooperation, presence in court, non‑tampering with evidence, and verification of criminal antecedent. The bail order was made without delay for verification purposes.
Issues considered
- What is the appropriate decision on the petitioner's bail application given the lack of specific allegations against her and her clean antecedent?
Legislation cited
- BNS, 2023 — s. 103(1), 123, 3(5)
Subjects
- bail
- criminal procedure
- false implication
- clean antecedent
- conditions of bail
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.69340 of 2025
Arising Out of PS. Case No.-128 Year-2025 Thana- JITNA District- East Champaran
======================================================
Anamani Devi @ Anmani Devi Wife of Ram Babu Rai Resident of Village -
Bijabani, P.S. - Jitna, District - East Champaran.
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Madhurendra Kumar, Advocate
For the Opposite Party/s : Mr. Bhanu Pratap Singh, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE RAJESH KUMAR VERMA
ORAL ORDER
2 20-01-2026 Heard Mr. Madhurendra Kumar, learned counsel for
the petitioner and Mr. Bhanu Pratap Singh, learned Additional
Public Prosecutor for the State.
2. Petitioner seeks bail who is in custody since
12.06.2025 in connection with Jitna P.S. Case No. 128 of 2025,
F.I.R. dated 12.06.2025 for the offences punishable under
Sections 103(1), 123 and 3(5) of the BNS, 2023.
3. According to prosecution case, the informant
claimed that all the accused persons including this petitioner
killed his daughter.
4. Learned counsel for the petitioner submits that
petitioner has clean antecedent and she has falsely been
implicated in the present case. The allegation as alleged in the
F.I.R is false and fabricated and the petitioner has not committed
Patna High Court CR. MISC. No.69340 of 2025(2) dt.20-01-2026
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any offence as alleged in the F.I.R. The petitioner has been made
accused merely on the ground that she is mother-in-law of the
deceased. It appears from the F.I.R that there is no specific
allegation of assault or demand of dowry against the petitioner
rather there is general and omnibus allegation against all the
accused persons including this petitioner. The husband of the
deceased, namely, Sudhir Prasad Yadav who happens to be son
of the petitioner is in judicial custody. He further submits that
the police after investigation submitted the charge sheet against
the petitioner. The petitioner is in custody since 12.06.2025.
5. Learned Additional Public Prosecutor has
vehemently opposed the prayer for bail of the petitioner.
6. Considering the aforesaid facts and circumstances
that the petitioner has clean antecedent and there is no specific
allegation against the petitioner in the F.I.R, let the petitioner,
above named, 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 ACJM, Sikrahana at
Dhaka, East Champaran, Motihari in connection with Jitna P.S.
Case No. 128 of 2025, subject to the following conditions:-
i. Petitioner shall co-operate in the trial and shall be
properly represented on each and every date fixed by the court
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and shall remain physically present as directed by the court and
on her absence on two consecutive dates without sufficient
reason, her bail bond shall be cancelled by the Court below.
ii. If the petitioner tampers with the evidence or the
witnesses, in that case, the prosecution will be at liberty to
move for cancellation of bail.
iii. And further condition that the court below shall
verify the criminal antecedent of the petitioner and in case at
any stage it is found that the petitioner has concealed her
criminal antecedent, the court below shall take step for
cancellation of bail bond of the petitioner. However, the
acceptance of bail bonds in terms of the above-mentioned order
shall not be delayed for purpose of or in the name of
verification.
(Rajesh Kumar Verma, J)
Vanisha/-
U T
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