Patna High Court
Shraddha DeviversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- RAJESH KUMAR VERMA
Holding
The court granted anticipatory bail to the petitioners under Section 438(2) of the CrPC, subject to strict conditions.
Summary
The petitioners, Shraddha Devi and Aarti Kumari, wives of co-accused in a serious FIR involving murder and other offences, sought anticipatory bail fearing arrest. The prosecution alleged that the co-accused had brutally assaulted the informant's family, leading to death, but there was no specific allegation of any overt act by the petitioners. The petitioners argued they have a clean antecedent and were implicated solely because of their marital relationship. The court noted the absence of any direct accusation against them and, considering their clean record, granted bail under Section 438(2) of the CrPC with stringent conditions. The order directed the lower court to release them on bail upon surrender, subject to bond, sureties, and compliance with conditions regarding cooperation, non‑tampering with evidence, and verification of antecedents.
Issues considered
- Whether the petitioners, being merely wives of co‑accused, are entitled to anticipatory bail despite the seriousness of the charges against the co‑accused.
- Whether the lack of any specific allegation of assault or overt act against the petitioners justifies the grant of bail.
- Whether Section 438(2) of the Criminal Procedure Code applies to grant bail in the present circumstances.
Legislation cited
- Code of Criminal Procedure, 1973 — s. 438(2)
Subjects
- anticipatory bail
- Section 438 CrPC
- clean antecedent
- co‑accused
- IPC offences
- Patna High Court
- bail conditions
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.89057 of 2025
Arising Out of PS. Case No.-188 Year-2024 Thana- DIDARGANJ District- Patna
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1. Shraddha Devi W/o Shashi Bhushan Singh R/o Village - Kothiya, P.S -
Didarganj, District - Patna
2. Aarti Kumari W/o Ravi Kumar R/o Village - Kothiya, P.S - Didarganj,
District - Patna
... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Ms. Mickey Singh, Advocate
For the Opposite Party/s : Mr. Anil Kumar, APP
For the Informant : Mr. Jay Ram Prasad, Advocate
======================================================
CORAM: HONOURABLE MR. JUSTICE RAJESH KUMAR VERMA
ORAL ORDER
2 12-01-2026 Heard Ms. Mickey Singh, learned counsel for the
petitioners, Mr. Jay Ram Prasad, learned counsel for the
informant as well as Mr. Anil Kumar, learned Additional Public
Prosecutor for the State.
2. The petitioners are apprehending their arrest in
connection with Didarganj P.S. Case No. 188 of 2024, F.I.R.
dated 24.05.2024 for the offences punishable under Sections
302, 341, 324, 326, 307 and 34 of the I.P.C.
3. According to prosecution case, co-accused Ravi
Kumar, Vikash Kumar, Sonu Kumar and Shashi Bhushan Singh
brutally assaulted the informant's brother and son due to which
they got injured and while going treatment, the informant's
brother died.
4. Learned counsel for the petitioners submits that
Patna High Court CR. MISC. No.89057 of 2025(2) dt.12-01-2026
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petitioners have clean antecedent and they have falsely been
implicated in the present case. She further submits that the
allegation as alleged in the F.I.R is false and fabricated and the
petitioners have not committed any offence as alleged in the
F.I.R. Petitioners have been made accused in this case merely on
the ground that they are wife of the co-accused persons, Shashi
Bhushan Singh and Ravi Kumar, respectively. She further
submits that there is no specific allegation of assault or overt act
attributed against the petitioners.
5. Learned counsel for the informant as well as learned
Additional Public Prosecutor have vehemently opposed the
prayer for bail of the petitioners.
6. Considering the aforesaid facts and circumstances
that the petitioners have clean antecedent, there is no specific
allegation of assault or overt act attributed against the
petitioners and they have been made accused merely on the
ground that they are wife of the co-accused persons, let the
petitioners, above named, in the event of their arrest or
surrender before the court below within a period of thirty days
from the date of receipt of the order, be released on bail on
furnishing bail bond of Rs. 10,000/- (Ten Thousand) each with
two sureties of the like amount each to the satisfaction of the
Patna High Court CR. MISC. No.89057 of 2025(2) dt.12-01-2026
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learned II Additional District and Sessions Judge, Patna City in
connection with Didarganj P.S. Case No. 188 of 2024, subject to
the conditions as laid down under Section 438(2) of the Code of
Criminal Procedure and with other following conditions:-
i. Petitioners shall co-operate in the trial and shall be
properly represented on each and every date fixed by the court
and shall remain physically present as directed by the court and
on their absence on two consecutive dates without sufficient
reason, their bail bond shall be cancelled by the Court below.
ii. If the petitioners tampers with the evidence or the
witnesses, in that case, the prosecution will be at liberty to
move for cancellation of bail.
iii. And further condition that the court below shall
verify the criminal antecedent of the petitioners and in case at
any stage it is found that the petitioners have concealed their
criminal antecedent, the court below shall take step for
cancellation of bail bond of the petitioners. However, the
acceptance of bail bonds in terms of the above-mentioned order
shall not be delayed for purpose of or in the name of
verification.
(Rajesh Kumar Verma, J)
Vanisha/-
U T
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