Patna High Court
Anita DeviversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- SANDEEP KUMAR
Holding
The Court granted bail to the petitioner, allowing her release on bond subject to CrPC conditions.
Summary
Anita Devi, a 66‑year‑old woman, filed an application fearing arrest in a 2008 murder case (Bakhri P.S. Case No. 09) under Sections 302 and 34 of the IPC. The prosecution alleged she participated in assault leading to the victim's death. Her counsel argued she is innocent and that the allegations against her are vague and omnibus, emphasizing her advanced age. The Court, noting her age and the lack of specific charges, allowed the bail application. She was ordered to be released on bail of Rs 10,000 with two sureties, subject to the conditions of Section 438(2) CrPC and Section 482 CrPC.
Issues considered
- Whether bail should be granted to the petitioner given her age and the presence of general, omnibus allegations in a murder case under Sections 302/34 IPC.
Legislation cited
- Code of Criminal Procedure, 1973 — s. 438, 482
- Indian Penal Code — s. 302, 34
Subjects
- bail
- age
- general allegation
- IPC 302
- IPC 34
- CrPC 438
- CrPC 482
- criminal procedure
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.69767 of 2025
Arising Out of PS. Case No.-9 Year-2008 Thana- BAKHARI District- Begusarai
======================================================
Anita Devi W/o- Rajendra Sah Resident of village- Bakhri Pachmi Tola Ps-
Bakhri Dist-Begusarai
... ... Petitioner/s
Versus
The State of Bihar Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr.Md Izhar Alam
For the Opposite Party/s : Mr.Anil Kumar Singh No. 1
======================================================
CORAM: HONOURABLE MR. JUSTICE SANDEEP KUMAR
ORAL ORDER
5 26-02-2026 Heard learned counsel for the petitioner and learned
APP for the State.
2. The petitioner apprehends her arrest in
connection with Bakhri P.S. Case No. 09 of 2008 registered for
the offence under Sections 302/34 of the Indian Penal Code.
3. As per the prosecution case, the petitioner and
other accused persons are said to have assaulted the victim due
to which he died.
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. He further submits that the
petitioner is a 66 years old woman and there is general and
omnibus allegation against the petitioner.
Patna High Court CR. MISC. No.69767 of 2025(5) dt.26-02-2026
2/2
5. Considering the age of the petitioner and the fact
that there is general and omnibus allegation against her, this
application is allowed.
6. Let the petitioner, above named, in the event of
his 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 court where
the case is pending in connection with Bakhri P.S. Case No. 09
of 2008, 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)
Vikas/-
U
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