Patna High Court
Rekha Devi @ Shiv Kumari DeviversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- ANSHUMAN
Holding
The court granted anticipatory bail to the petitioners subject to a bond and conditions under Section 482(2) of the Bhartiya Nyaya Sanhita, 2023.
Summary
The petitioners, Rekha Devi and Annu Devi, sought anticipatory bail in a case where they were named among seven accused in an FIR alleging torture and murder of a woman over a demand of Rs.5 lakh and a vehicle. The FIR, filed under Sections 80(2) and 3(5) of the Bhartiya Nyaya Sanhita, 2023, was lodged in 2025, while the alleged marriage of the victim occurred in 2017, raising a question of the applicability of Section 80(2). The petitioners argued they are innocent, have clean records, and that the victim's husband had already surrendered, making their involvement unlikely. The State opposed the bail, but the court, after considering the facts, granted anticipatory bail subject to a bond of Rs.30,000 each and conditions under Section 482(2) of the BNS. The order directs that the bail be effective if the petitioners are arrested or surrender within four weeks of the order.
Issues considered
- Whether the petitioners are entitled to anticipatory bail under Section 80(2) of the Bhartiya Nyaya Sanhita, 2023 given the time lapse between the alleged marriage and the FIR.
- Whether the petitioners' alleged involvement in the alleged torture and murder warrants denial of bail.
- Whether the conditions prescribed under Section 482(2) of the BNS can be imposed while granting anticipatory bail.
Legislation cited
- Bhartiya Nyaya Sanhita, 2023 — s. 2(1)(d), 3(5), 482(2), 80(2)
Subjects
- anticipatory bail
- Section 80
- Section 482
- Bhartiya Nyaya Sanhita
- criminal procedure
- murder
- torture
- bail conditions
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.8771 of 2026
Arising Out of PS. Case No.-56 Year-2025 Thana- TANDWA District- Aurangabad
======================================================
1. Rekha Devi @ Shiv Kumari Devi W/O Late Mithilesh Prajapati R/O Vill.-
Ramnagar, P.S.- Tandwa, Dist.- Aurangabad.
2. Annu Devi @ Anju Kumari W/O Shatrughna Prajapati R/O Vill.- Ramnagar,
P.S.- Tandwa, Dist.- Aurangabad.
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Ratneshwar Prasad, Advocate
For the Opposite Party/s : Mr. Pushpa Sinha.1, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE DR. ANSHUMAN
ORAL ORDER
3 01-04-2026 Heard learned counsel for the petitioners and learned
APP for the State.
2. The petitioners are apprehending arrest in
connection with Tandwa (Tanrwa) P.S. Case No. 56 of 2025,
dated 03.05.2025, lodged under Sections 80(2) & 3(5) of the
Bhartiya Nyaya Sanhita, 2023 (hereinafter referred to as “BNS,
2023”).
3. As per the prosecution, an FIR has been lodged
against seven named accused persons, including the present
petitioners, with the allegation that, for a demand of Rs.
5,00,000 (Rupees Five Lakhs) and a four-wheeler vehicle, the
informant’s sister was subjected to torture and was subsequently
killed. Thereafter, the informant filed the present criminal case.
Patna High Court CR. MISC. No.8771 of 2026(3) dt.01-04-2026
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4. Learned counsel for the petitioners submits that the
petitioners are innocent and have committed no offence.
Counsel further submits that, in the present case, there is no
ingredient of Section 80(2) of the BNS, 2023, as admittedly the
marriage was solemnized in the year 2017 and the FIR was
lodged in the year 2025. Counsel further submits that the
husband of the victim has already surrendered on 05.07.2025
and is in custody.
5. Counsel has taken the specific stand that Petitioner
Nos. 1 and 2 are the mother-in-law and gotni of the deceased
and they are living separately from the husband of the deceased.
Counsel further submits that the brother of the deceased has
unnecessarily made the entire family accused in this case.
Counsel also submits that the criminal antecedents of the
petitioners are clean and that they are ready to fulfill all
conditions that may be imposed upon them.
6. Learned APP for the State opposes the prayer for
bail of the petitioners.
7. As such, in the present facts and circumstances of
this case, let the above named petitioners be released on
anticipatory bail, in the event of arrest or surrender before the
Trial Court within a period of 4 weeks from today, on furnishing
Patna High Court CR. MISC. No.8771 of 2026(3) dt.01-04-2026
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bail bond of Rs.30,000/- (Rupees Thirty Thousand) each as
mentioned in Section 2(1)(d) of the BNSS, 2023 to the
satisfaction of J.M., 1st Class, Aurangabad, in connection with
Tandwa (Tanrwa) P.S. Case No. 56 of 2025, subject to the
conditions as laid down U/s 482(2) of the BNSS, 2023.
(Dr. Anshuman, J.)
Aman Kumar/-
U T
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