Patna High Court
RAJIYA DEVIversusThe State of Bihar
- Decided
- Disposal
- ALLOWED
- Bench
- SANDEEP KUMAR
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
- B.N.S. — s. 103, 3, 352, 482
- Code of Criminal Procedure, 1973 — s. 438
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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