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

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

What the court decided

AI extract

Outcome

Anticipatory bail: petitioner to be enlarged on bail if arrested/surrendering before the Trial Court within eight weeks, on a bail-bond of Rs. 10,000/- (ten thousand) with two sureties of the like amount each, to the satisfaction of learned Addl. Sessions Judge – 10, East Champaran (Motihari), subject to conditions under Section 438(2) Cr.P.C. / Section 482(2) B.N.S.S.

Issue for consideration

Whether the petitioner, who apprehends arrest in Patahi P.S. Case No. 128 of 2024 registered under Sections 302, 201 & 34 of the Indian Penal Code, should be enlarged on anticipatory bail.

Court's answer

In the event of arrest/surrender before the Trial Court within a period of eight weeks from the date of the order, the petitioner is to be enlarged on bail on furnishing a bail-bond of Rs. 10,000/- (ten thousand) with two sureties of the like amount each, to the satisfaction of the learned Addl. Sessions Judge – 10, East Champaran (Motihari), in connection with Patahi P.S. Case No. 128 of 2024.

Ratio / Principle

The enlargement on bail is made subject to the conditions laid down under Section 438(2) of the Cr.P.C. / Section 482(2) of the B.N.S.S.

Detailed headnote1 paragraphs

Anticipatory bail — Patna High Court (Prabhat Kumar Singh, J.), oral order dated 21-01-2026 in Criminal Miscellaneous No.334 of 2026 arising out of Patahi P.S. Case No.-128 of 2024, East Champaran, registered under Sections 302, 201 & 34 of the Indian Penal Code: petitioner Priya Devi, who apprehended arrest, was permitted to be enlarged on bail upon arrest/surrender before the Trial Court within eight weeks, on a bail-bond of Rs. 10,000/- (ten thousand) with two sureties of the like amount each, to the satisfaction of the learned Addl. Sessions Judge – 10, East Champaran (Motihari), subject to the conditions laid down under Section 438(2) of the Cr.P.C. / Section 482(2) of the B.N.S.S. Counsel for the petitioner had submitted that the allegation against her was confined to an alleged illicit relation with the husband of the deceased and that she is a lady of clean antecedent; the learned A.P.P. opposed the prayer.

IN THE HIGH COURT OF JUDICATURE AT PATNA CRIMINAL MISCELLANEOUS No.334 of 2026

Arising Out of PS. Case No.-128 Year-2024 Thana- PATAHI District- East Champaran

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

Priya Devi Son of Pappu Singh R/o Village - Nonfarwa, P.S. - Patahi, District - East Champaran. Present Address - Village - Sivpur Kundal, Chaita, P.S. - Pakaridayal, Dist. - East Champaran.

... ... Petitioner/s

Versus

The State of Bihar

... ... Opposite Party/s ====================================================== Appearance : For the Petitioner/s : Mr.Pawan Kumar For the Opposite Party/s : Mr.Bharat Bhushan ======================================================

CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH ORAL ORDER

2 21-01-2026

Heard learned counsel for the petitioner and learned A.P.P. for the State.

The petitioner apprehends her arrest in a case registered for the offence under Sections 302, 201 & 34 of the Indian Penal Code.

Learned counsel for the petitioner submits that petitioner has been made accused in this case with allegation that she had illicit relation with husband of deceased. Save & except this, there is no allegation that she in any manner participated in commission of murder of deceased. Petitioner is lady and claims clean antecedent.

Learned A.P.P. for the State opposes the prayer for anticipatory bail.

Patna High Court CR. MISC. No.334 of 2026(2) dt.21-01-2026 2/2

In the facts and circumstances of the case, in the event of arrest/surrender before the Trial Court 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 Addl. Sessions Judge – 10, East Champaran (Motihari) in connection with Patahi P.S. Case No. 128 of 2024, subject to condition as laid down under Section 438(2) of the Cr.P.C. / Section 482(2) of the B.N.S.S.

(Prabhat Kumar Singh, J)

anay

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