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Dhaniya Devi Vs The State of Bihar — Murder and Culpable Homicide | Patna HC (2026)

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Patna HC
2026
Dhaniya Devi Vs The State of BiharDhaniya Devi v. The State of Bihar

Allowed¶21

Dhaniya Devi v. The State of Bihar

Patna HC8 Jan 2026CR. MISC./30497/2025

Case brief

AI extract

What is this about?

Patna High Court; Cr. Misc. No. 30497 of 2025; decided 08-01-2026 by Justice Prabhat Kumar Singh; anticipatory bail allowed; Sections 103, 3(5) Bharatiya Nyaya Sanhita; Siwan Muffasil P.S. Case No. 740 of 2024; murder of informant's father; land dispute; Title Suit No. 326/99; bail-bond Rs. 10,000/- each; two sureties of like amount; Section 482(2) Bharatiya Nagarik Suraksha Sanhita, 2023; Chief Judicial Magistrate, Siwan; eight weeks for arrest/surrender.

What did the court decide?

Anticipatory bail granted to both petitioners: upon arrest or surrender before the court below within eight weeks, to be enlarged on bail on furnishing bail-bond of Rs. 10,000/- each with two sureties of the like amount each, to the satisfaction of the learned Chief Judicial Magistrate, Siwan, subject to conditions under Section 482(2) of the Bharatiya Nagarik Suraksha Sanhita, 2023.

Why is it important?

Anticipatory bail allowed: in the event of arrest or surrender before the court below within eight weeks, the petitioners are to be enlarged on bail on furnishing a bail-bond of Rs. 10,000/- each with two sureties of the like amount each, to the satisfaction of the learned Chief Judicial Magistrate, Siwan, in connection with Siwan Muffasil P.S. Case No. 740 of 2024, subject to the conditions laid down under Section 482(2) of the Bharatiya Nagarik Suraksha Sanhita, 2023. ¶21

What the court decided

AI extract

Outcome

Anticipatory bail granted to both petitioners: upon arrest or surrender before the court below within eight weeks, to be enlarged on bail on furnishing bail-bond of Rs. 10,000/- each with two sureties of the like amount each, to the satisfaction of the learned Chief Judicial Magistrate, Siwan, subject to conditions under Section 482(2) of the Bharatiya Nagarik Suraksha Sanhita, 2023.

Issue for consideration

Whether the petitioners, who apprehend arrest in connection with Siwan Muffasil P.S. Case No. 740 of 2024 registered for offences punishable under Sections 103, 3(5) of the Bharatiya Nyaya Sanhita, are entitled to anticipatory bail.

Court's answer

Anticipatory bail allowed: in the event of arrest or surrender before the court below within eight weeks, the petitioners are to be enlarged on bail on furnishing a bail-bond of Rs. 10,000/- each with two sureties of the like amount each, to the satisfaction of the learned Chief Judicial Magistrate, Siwan, in connection with Siwan Muffasil P.S. Case No. 740 of 2024, subject to the conditions laid down under Section 482(2) of the Bharatiya Nagarik Suraksha Sanhita, 2023.

Detailed headnote1 paragraphs

Anticipatory bail granted to two petitioners apprehending arrest in Siwan Muffasil P.S. Case No. 740 of 2024, registered for offences punishable under Sections 103, 3(5) of the Bharatiya Nyaya Sanhita (alleged murder of the informant's father, suspected to arise out of an admitted land dispute, with Title Suit No. 326/99 pending between the parties). On arrest or surrender before the court below within eight weeks, the petitioners are to be enlarged on bail on furnishing bail-bond of Rs. 10,000/- each with two sureties of the like amount each, to the satisfaction of the learned Chief Judicial Magistrate, Siwan, subject to the conditions laid down under Section 482(2) of the Bharatiya Nagarik Suraksha Sanhita, 2023.

A

IN THE HIGH COURT OF JUDICATURE AT PATNA CRIMINAL MISCELLANEOUS No.30497 of 2025

Arising Out of PS. Case No.-740 Year-2024 Thana- SIWAN MUFFASIL District- Siwan

======================================================

Dhaniya Devi W/O Dhirendra Prasad Resident of Vill- Bhopatpur, Bharatiya, P.S- Lakdinabiganj, Distt.- Siwan.

Tara Devi @ Taramati Kumari W/O Pawan Kumar Resident of VillBhopatpur, Bharatiya, P.S- Lakdinabiganj, Distt.- Siwan.

... ... Petitioner/s

Versus

The State of Bihar

... ... Opposite Party/s

====================================================== Appearance : For the Petitioner/s : Ms. Kumari Anupam, Advocate For the Opposite Party/s : Mr. Jharkhandi Upadhyay, A.P.P. For the Informant : Mr. Javed Aslam, Advocate ======================================================

CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH

ORAL ORDER

5 08-01-2026

Heard learned counsel for the petitioners, informant and the State.

Petitioners apprehend arrest in a case registered for the offences punishable under Sections 103, 3(5) of the Bharatiya Nyaya Sanhita.

Informant suspects that on account of land dispute, all the F.I.R. named accused persons, including these petitioners, committed murder of his father.

Learned counsel for the petitioners submits that petitioners are innocent and have committed no offence. Petitioners are pattidars of the informant and there is admitted land dispute between them for which Title Suit No. 326/99 is

Patna High Court CR. MISC. No.30497 of 2025(5) dt.08-01-2026 2/2

pending. Petitioners have been made accused in this case only on suspicion. Save and except suspicion, there is no other material available on record to show complicity of this petitioner in the alleged crime.

Learned A.P.P. for the State as well as learned counsel for the informant vehemently opposed the bail application.

Considering the nature of accusation and other facts and circumstances of the case, this anticipatory bail is allowed and it is ordered that let the above named petitioners in the event of their arrest/surrender before the court below within a period of eight weeks from today, be enlarged 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 learned Chief Judicial Magistrate, Siwan in connection with Siwan Muffasil P. S. Case No. 740 of 2024, subject to condition as laid down under Section 482(2) of the Bharatiya Nagarik Suraksha Sanhita, 2023.

(Prabhat Kumar Singh, J)

Navya/-

U T

Issues for consideration

1 issue framed by the court

AI extract

1.
Whether the petitioners, who apprehend arrest in connection with Siwan Muffasil P.S. Case No. 740 of 2024 registered for offences punishable under Sections 103, 3(5) of the Bharatiya Nyaya Sanhita, are entitled to anticipatory bail.¶15
The court held
Anticipatory bail allowed: in the event of arrest or surrender before the court below within eight weeks, the petitioners are to be enlarged on bail on furnishing a bail-bond of Rs. 10,000/- each with two sureties of the like amount each, to the satisfaction of the learned Chief Judicial Magistrate, Siwan, in connection with Siwan Muffasil P.S. Case No. 740 of 2024, subject to the conditions laid down under Section 482(2) of the Bharatiya Nagarik Suraksha Sanhita, 2023.ratio¶21

Statutes considered

3 provisions across 2 enactments

AI extract

Bharatiya Nyaya Sanhita103¶15 3(5)¶15
Bharatiya Nagarik Suraksha Sanhita, 2023482(2)¶21

Procedural history

How this case reached the court

AI extract

Prior proceeding
Case arising out of FIR registered as Siwan Muffasil P.S. Case No. 740 of 2024, Thana Siwan Muffasil, District Siwan.¶2
Prior proceeding
Alleged offence: murder of the informant's father by all FIR-named accused including the petitioners, suspected to stem from a land dispute.¶16
Prior proceeding
Admitted land dispute between the petitioners and the informant; Title Suit No. 326/99 pending between them.¶17

Parties & counsel

AI extract

petitioner
Dhaniya Devi¶4
Kumari Anupam
petitioner
Tara Devi @ Taramati Kumari¶5
Kumari Anupam
respondent
The State of Bihar¶8
Jharkhandi Upadhyay
other
Informant¶10
Javed Aslam

Coram

AI extract

Prabhat Kumar Singhauthor¶11

Case details

As recorded by the court registry

Court: Patna HC
Decided on: 8 Jan 2026 · January
Registered: 1 May 2025
Case no.: CR. MISC./30497/2025
CNR: BRHC010382162025
Topic: Murder and Culpable Homicide
Bench: Prabhat Kumar Singh
Disposal: BAIL GRANTED
Case type: CRIMINAL MISCELLANEOUS

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Cite this judgement

Dhaniya Devi v. The State of Bihar, CR. MISC./30497/2025 (PAT), decided on 8 January 2026.

The Patna High Court publishes no neutral citation for this judgement — cite it by case number and date of decision.

Statutes3

Bharatiya Nyaya Sanhita103 · 3(5)
Bharatiya Nagarik Suraksha Sanhita, 2023482(2)

View all statutes

Procedural history3

Case arising out of FIR registered as Siwan Muffasil P.S. Case No. 740 of 2024, Thana Siwan Muffasil, District Siwan.
Alleged offence: murder of the informant's father by all FIR-named accused including the petitioners, suspected to stem from a land dispute.

View full history

Bench / Coram

Prabhat Kumar Singh

Parties & counsel