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Patna High Court

Anju DeviversusThe State of Bihar

Decided
Disposal
BAIL REJECTED

Holding

The Court denied pre‑arrest bail to the petitioner.

Summary

The petitioner, Anju Devi, was accused of setting fire to the informant's house and causing the death of the informant's mother, thereby invoking sections 126, 115(2), 109, 352, 351(2-4) and 3(5) of the Bihar Penal Code (BNS). She filed an application for pre‑arrest bail, fearing imminent arrest. The learned counsel for the petitioner argued that bail was warranted, while the State opposed the relief. The Court examined the nature and seriousness of the allegations, noting the gravity of the offences, including arson and homicide. Considering the seriousness, the Court concluded that the petitioner did not merit the extraordinary relief of pre‑arrest bail. Consequently, the application for pre‑arrest bail was rejected.

Issues considered

  • Whether the petitioner is entitled to pre‑arrest bail in view of the seriousness of the offences alleged under sections 126, 115(2), 109, 352, 351(2‑4) and 3(5) of the BNS.

Legislation cited

Subjects

  • pre‑arrest bail
  • arson
  • murder
  • criminal procedure
  • bail denial

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.75313 of 2025
                        Arising Out of PS. Case No.-33 Year-2025 Thana- Mohanpur District- Purnia
                 ======================================================
                 Anju Devi W/o Late Jamuni Mandal R/o Village- Budhuchak, P.S.-

                 Mohanpur, District- Purnea



                                                                                    ... ... Petitioner/s

                                                        Versus

                 The State of Bihar



                                                                               ... ... Opposite Party/s

                 ======================================================
                 Appearance :

                 For the Petitioner/s       :      Mr. Bhola Prasad , Advocate

                 For the Opposite Party/s :        Mr. Navin Kumar Pandey, APP

                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH
                                       ORAL ORDER

2   05-02-2026                           Heard learned counsel for the petitioner and the

                   State .

                                        2. Petitioner apprehends arrest in a case registered

                   for the offence punishable under sections 126, 115 ( 2 ), 109,

                   352, 351 (2-4) and 3 (5) of BNS.

                                    3 . It is the specific case of the informant that this

                   petitioner set the house of informant on fire and pushed mother

                   of informant in fire as a result of which she died due to burning.

                                        4. Considering the nature and seriousness of
            Patna High Court CR. MISC. No.75313 of 2025(2) dt.05-02-2026
                                                        2/2




                      accusation , gravity of offence and other circumstances of the

                      case , prayer for pre-arrest bail of the petitioner is rejected.



                                            (Prabhat Kumar Singh, J)
Koushik/-

U      T


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