Rekha Devi @ Shiv Kumari Devi v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.8771 of 2026 Arising Out of PS. Case No.-56 Year-2025 Thana- TANDWA District- Aurangabad ====================================================== 1.

Rekha Devi @ Shiv Kumari Devi W/O Late Mithilesh Prajapati R/O Vill.- Ramnagar, P.S.- Tandwa, Dist.- Aurangabad.

2.

Annu Devi @ Anju Kumari W/O Shatrughna Prajapati R/O Vill.- Ramnagar, P.S.- Tandwa, Dist.- Aurangabad.

... ... Petitioner/s

Versus

The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr. Ratneshwar Prasad, Advocate For the Opposite Party/s :

Mr. Pushpa Sinha.1, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE DR. ANSHUMAN ORAL ORDER 01-04-2026 Heard learned counsel for the petitioners and learned APP for the State.

2. The petitioners are apprehending arrest in connection with Tandwa (Tanrwa) P.S. Case No. 56 of 2025, dated 03.05.2025, lodged under Sections 80(2) & 3(5) of the Bhartiya Nyaya Sanhita, 2023 (hereinafter referred to as "BNS, 2023").

3. As per the prosecution, an FIR has been lodged against seven named accused persons, including the present petitioners, with the allegation that, for a demand of Rs. 5,00,000 (Rupees Five Lakhs) and a four-wheeler vehicle, the informant's sister was subjected to torture and was subsequently killed. Thereafter, the informant filed the present criminal case.

Patna High Court CR. MISC. No.8771 of 2026(3) dt.01-04-2026 2/3

4. Learned counsel for the petitioners submits that the petitioners are innocent and have committed no offence. Counsel further submits that, in the present case, there is no ingredient of Section 80(2) of the BNS, 2023, as admittedly the marriage was solemnized in the year 2017 and the FIR was lodged in the year 2025. Counsel further submits that the husband of the victim has already surrendered on 05.07.2025 and is in custody.

5. Counsel has taken the specific stand that Petitioner Nos. 1 and 2 are the mother-in-law and gotni of the deceased and they are living separately from the husband of the deceased. Counsel further submits that the brother of the deceased has unnecessarily made the entire family accused in this case. Counsel also submits that the criminal antecedents of the petitioners are clean and that they are ready to fulfill all conditions that may be imposed upon them.

6. Learned APP for the State opposes the prayer for bail of the petitioners.

7. As such, in the present facts and circumstances of this case, let the above named petitioners be released on anticipatory bail, in the event of arrest or surrender before the Trial Court within a period of 4 weeks from today, on furnishing

Patna High Court CR. MISC. No.8771 of 2026(3) dt.01-04-2026 3/3 bail bond of Rs.30,000/- (Rupees Thirty Thousand) each as mentioned in Section 2(1)(d) of the BNSS, 2023 to the satisfaction of J.M., 1st Class, Aurangabad, in connection with Tandwa (Tanrwa) P.S. Case No. 56 of 2025, subject to the conditions as laid down U/s 482(2) of the BNSS, 2023. (Dr. Anshuman, J.) Aman Kumar/- U T