Patna High Court
Malti DeviversusState of Bihar
- Decided
- Disposal
- ALLOWED
- Bench
- SUNIL DUTTA MISHRA
Holding
The Court granted anticipatory bail to the petitioners, subject to bond, sureties and conditions under Section 482(2) of the Bharatiya Nagarik Suraksha Sanhita.
Summary
Petitioners Malti Devi and Dashrath Mahto, sister‑in‑law and brother‑in‑law of a deceased woman, were implicated in a murder case under Sections 80(2) and 3(5) of the Bharatiya Nagarik Suraksha Sanhita, 2023. They contended that they were falsely implicated, had no criminal antecedent, and that the informant’s statement was merely suspicion, with the post‑mortem indicating death by hanging. The State opposed their anticipatory bail, while the petitioners highlighted that co‑accused had already been granted bail and they were willing to cooperate with the investigation. The Court examined the lack of direct evidence, the clean record of the petitioners, and the precedent of bail to co‑accused, and invoked Section 482(2) to impose conditions. Consequently, the Court ordered that the petitioners be released on bail upon furnishing a bond of Rs.10,000 with two sureties, subject to cooperation with the investigation and possible cancellation if they fail to comply.
Issues considered
- Whether anticipatory bail should be granted to the petitioners under Sections 80(2) and 3(5) of the B.N.S., 2023.
- Whether the material on record, including the informant’s statement and post‑mortem report, justifies denial of bail.
- Whether conditions under Section 482(2) of the B.N.S., 2023 can be imposed on the bail order.
Legislation cited
- Bharatiya Nagarik Suraksha Sanhita — s. 3(5), 482(2), 80(2)
Subjects
- anticipatory bail
- criminal procedure
- Section 80
- Section 3
- Section 482
- murder investigation
- FIR
- co‑accused bail precedent
- cooperation with investigation
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.81080 of 2025
Arising Out of PS. Case No.-95 Year-2025 Thana- PURUSHOTTAMPUR District- West
Champaran
======================================================
1. Malti Devi wife of Dashrath Mahto R/o Pandey Tola, P.S. - Bettiah
(Muffasil), District - West Champaran.
2. Dashrath Mahto Son of Bhola Mahto R/o Pandey Tola, P.S. - Bettiah
(Muffasil), District - West Champaran.
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Bimlesh Kumar Pandey, Advocate
For the Opposite Party/s : Mr. Sanjay Kumar Singh, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE SUNIL DUTTA MISHRA
ORAL ORDER
2 08-01-2026 Heard learned counsel for the petitioners and
learned APP for the State.
2. Petitioners apprehend their arrest in a case
registered for the offences punishable under Sections 80(2) and
3(5) of B.N.S., 2023.
3. As per the prosecution case, informant’s daughter
was married to Daroga Mahto in the year 2023, out of the
wedlock a child was born. Further, on 26.07.2025 her daughter
along with the child after dinner went to sleep in their room. It is
next alleged that under a conspiracy, her husband along with the
accused persons including the petitioners assaulted her daughter
and killed her by putting a pillow on her face. Accordingly, on
Patna High Court CR. MISC. No.81080 of 2025(2) dt.08-01-2026
2/3
receiving information, the informant reached the place of
occurrence and informed the police and the dead body was sent
for postmortem.
4. Learned counsel appearing on behalf of the
petitioners submits that petitioners are innocent and have falsely
been implicated in the present case. Further submission is that
petitioners are sister-in-law and brother-in-law of the deceased
respectively. Petitioners are separate in mess and property. They
were not involved in the day to day life of the deceased and her
husband. There is no allegation of torture or dowry. It is next
submitted that from perusal of the allegations, as alleged in the
FIR, it would manifest that the informant is not an eye witness
to the occurrence and the entire allegation hinges around
suspicion. It is also submitted that doctors opined the cause of
death as asphyxia due to hanging. Similarly situated co-accused
persons have already been granted anticipatory bail by a Co-
ordinate Bench of this Court vide order dated 10.12.2025 passed
in Cr. Misc. No. 80478 of 2025. Petitioners have got no criminal
antecedent and they undertake to cooperate in the investigation
and trial.
5. Learned A.P.P. for the State vehemently opposed the
prayer for bail of the petitioners.
Patna High Court CR. MISC. No.81080 of 2025(2) dt.08-01-2026
3/3
6. Having considered the facts and circumstances of the
case and submissions of learned counsel for the parties, let the
above named petitioners be released on bail, in the event of
arrest or surrender before the learned court below within a
period of six weeks from today, on furnishing bail bonds of
Rs.10,000/- (Rupees Ten Thousand) each with two sureties of
the like amount each to the satisfaction of learned Judicial
Magistrate-1st Class, Bettiah, West Champaran in connection
with Purushottampur P.S. Case No. 95 of 2025, subject to the
conditions as laid down under Section 482(2) of the Bharatiya
Nagarik Suraksha Sanhita.
7. However, it is made clear that if the Investigating
Officer of the case files an application before the learned Trial
Court bringing to its notice that petitioners despite giving
assurance to this Court are not cooperating in the investigation,
in that event, the learned Trial Court shall be at liberty to cancel
the bail bonds of the petitioners.
(Sunil Dutta Mishra, J)
utkarsh/-
U T
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