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Patna High Court

RAJIYA DEVIversusThe State of Bihar

Decided
Disposal
ALLOWED

Holding

Anticipatory bail is granted to the petitioner subject to the conditions prescribed.

Summary

Rajiya Devi, the wife of Jitendra Das, applied for anticipatory bail fearing arrest in a murder case (PS Case No.324 of 2025) where she was alleged to have participated in the killing of the deceased under Sections 103(2), 352 and 3(5) of the B.N.S. The petitioner contended that she was falsely implicated, the allegations were vague and she had a clean antecedent. The State opposed the bail, arguing the seriousness of the charges. The Court examined the petitioner's claim of innocence and the lack of specific evidence linking her to the crime. Considering the petitioner's apprehension of arrest and the general nature of the allegations, the Court granted anticipatory bail. The bail was conditioned on a bond of Rs.10,000 with two sureties and compliance with Section 438(2) of the CrPC and Section 482 of the B.N.S.

Issues considered

  • Whether anticipatory bail should be granted to the petitioner under the circumstances of the case
  • Whether the allegations against the petitioner are sufficiently specific to deny bail

Legislation cited

Subjects

  • anticipatory bail
  • Section 438 CrPC
  • Section 482 B.N.S.
  • false implication
  • bail conditions
  • Bihar High Court

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.88478 of 2025
                 Arising Out of PS. Case No.-324 Year-2025 Thana- DALSINGHSARAI District- Samastipur
                 ======================================================
                 RAJIYA DEVI Wife of Jitendra Das Resident of Chakbahauddin, Ward No.-
                 01, P.S.- Dalsinghsarai, District - Samastipur.

                                                                                 ... ... Petitioner/s
                                                      Versus
                 The State of Bihar

                                                        ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :      Mr.Nawal Kishore Prasad, Advocate
                 For the Opposite Party/s :      Mr.Shyam Kumar Singh, APP
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE SANDEEP KUMAR
                                       ORAL ORDER

2   15-01-2026                     Heard learned counsel for the petitioner and learned

                   APP for the State.

                                   2. The petitioner apprehends her arrest in

                   connection with Dalsinghsarai P.S. Case No. 324 of 2025

                   registered for the offence under Sections 103(2), 352, 3(5) of the

                   B.N.S.

                                   3. As per the prosecution case, petitioner along

                   with others is alleged to have killed the deceased.

                                   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. It is next submitted that the

                   allegations levelled against the petitioner are general and

                   omnibus in nature. Petitioner has clean antecedent.

                                 5. Learned A.P.P. for the State opposes the prayer for
              Patna High Court CR. MISC. No.88478 of 2025(2) dt.15-01-2026
                                                          2/2




                        anticipatory bail of the petitioner.

                                        6. Considering the aforesaid facts, this application

                        is allowed.

                                        7. Let the petitioner, above named, in the event of

                        her 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 A.C.J.M.-1,

                        Dalsinghsarai        (Samastipur)/       concerned   Court   below   in

                        connection with Dalsinghsarai P.S. Case No. 324 of 2025,

                        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)
tusharika/-

U       T


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