SupremeToday Landscape Ad
Back
Next
Judicial Analysis Court Copy Headnote Facts Arguments Court observation
Listen Audio Icon Pause Audio Icon
judgment-img

2026 Supreme(Online)(Pat) 3689

PATNA HIGH COURT
Prabhat Kumar Singh, J
Basanti Devi – Appellant
Versus
The State of Bihar – Respondent
CRIMINAL MISCELLANEOUS No.68243 of 2025



Advocates:
For the Appellants/Petitioners: Mr. Rajesh Kumar Mishra
For the Respondents: Ms. Renu Kumari

Anticipatory bail granted based on clean antecedents and general nature of accusations against the petitioner.

Headnote:The court analyzed the provisions under Sections 103, 238 and 61(2) of the B.N.S. regarding the charges against the petitioner, who is accused of kidnapping and killing the deceased. The petitioner contended her innocence and lack of involvement, arguing that she was falsely implicated due to her relation to the deceased. The court found merit in granting anticipatory bail based on the general nature of the accusations. The primary issue was the validity of anticipatory bail under given circumstances. The court articulated that the nature of accusations against the petitioner warranted approval of bail, specifically highlighting her clean antecedents. The result allows the petitioner to be released on bail with specified conditions.

CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH ORAL ORDER

3 27-01-2026 Heard learned counsel appearing on behalf of the petitioner and learned APP appearing on behalf of the State.

2. The petitioner apprehends her arrest in a case registered for the offence punishable under Sections 103 , 238 and 61(2) of the B.N.S. .

3. As per prosecution case, it is alleged that this petitioner, along with co-accused Pankaj Kumar, kidnapped and killed the deceased.

4. It is submitted by learned counsel appearing on behalf of the petitioner that petitioner is quite innocent and has committed no offence. Petitioner has falsely been implicated in this case merely because she happens to be mother-in-law of the deceased. Petitioner is separate in mess and property and has got no concern with the affairs of the deceased and her husband. Thrust of accusation is against husband of deceased who is already in custody. As a matter of fact, there was quarrel between the couple due to which, the deceased herself committed suicide. Petitioner is a lady and claims clean antecedents.

5. Learned A.P.P. for the State has vehemently opposed the prayer for grant of anticipatory bail to the petitioner.

6. Considering the facts and circumstances of the case, general and omnibus nature of accusation and clean antecedents of the petitioner, the prayer for grant of anticipatory bail to the petitioner is allowed.

7. Accordingly, in the event of arrest/surrender within a period of eight weeks from today, let the above named petitioner be enlarged on bail on furnishing bail-bond of Rs. 10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of learned Chief Judicial Magistrate, Sheikhpura in connection with Hathiyawan P.S. Case No. 30 of

2025, subject to condition as laid down under Section 482(2) of the B.N.S. S..

Click Here to Read the rest of this document
1
2
3
4
5
6
7
8
9
10
11
SupremeToday Portrait Ad
supreme today icon
logo-black

An indispensable Tool for Legal Professionals, Endorsed by Various High Court and Judicial Officers

Please visit our Training & Support
Center or Contact Us for assistance

qr

Scan Me!

India’s Legal research and Law Firm App, Download now!

For Daily Legal Updates, Join us on :

whatsapp-icon Back to top