Bibha Devi v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.30777 of 2026 Arising Out of PS. Case No.-471 Year-2025 Thana- BAHERA District- Darbhanga ====================================================== 1.
Bibha Devi W/o Ramprakash Yadav Resident of village- Baghras, P.S - Ghanshyampur, District - Darbhanga 2.
Ramprakash Yadav S/o Late Rajendra Yadav Resident of village- Baghras, P.S - Ghanshyampur, District - Darbhanga 3.
Suraj Yadav @ Pankaj Kumar S/o Ramprakash Yadav Resident of villageBaghras, P.S - Ghanshyampur, District - Darbhanga ... ... Petitioner/s
Versus
1.
The State of Bihar 2.
Sujeet Kumar Yadav @ Sujeet Kumar R/o Village - Jayantipur Dath, P.S - Bahera, District - Darbhanga ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr.Dilip Kumar Roy, Mr. Vishal Kumar, Advocates For the Opposite Party/s :
Mr.Bharat Bhushan, APP For the informant :
Mr. Abhishek Aryan, Adv.
====================================================== CORAM: HONOURABLE MR. JUSTICE AJIT KUMAR ORAL ORDER 06-05-2026 Heard learned counsel for the petitioners and learned APP for the State.
2. The petitioners are apprehending their arrest in connection with Bahera P.S. Case No. 471 of 2025 for the offence punishable under sections 108, 3(5) of the BNS lodged on 01.12.2025 by the informant.
3. As per the prosecution case, the father of the informant committed suicide which was allegedly abetted by these petitioners. Accordingly, the FIR.
4. Learned counsel for the petitioners submits that petitioners no.1, 2 and 3 are mother-in-law, father-in-law and brother-in-law of the deceased respectively and they have been
Patna High Court CR. MISC. No.30777 of 2026(2) dt.06-05-2026 2/3 implicated in this case though there being no direct or proximate act of instigation coupled with the intention to provoke or drive the person to commit suicide. There has been only allegations of harassment without any direct nexus or men rea which is not sufficient to attract the provisions of Section 108 of the BNS. Petitioners have got clean antecedent and only on the basis of apprehension, they have been implicated.
5. On the other hand, Mr. Abhishek Aryan, learned counsel representing the informant as well as learned APP do not controvert the submissions made by the learned counsel for the petitioners.
6. Considering the nature of allegations which prima facie does not corroborate the complicity of these petitioners and they have got clean antecedents, this Court is inclined to extend them the privilege of anticipatory bail.
7. Let the petitioners, above named, be released on bail in the event of arrest or surrender within a period of six weeks from the receipt of this order, on furnishing bail bond of Rs. 10,000/- (Ten thousand) each with two sureties of like amount each to the satisfaction of learned Additional Chief Judicial Magistrate, Benipur, Darbhanga in connection with aforesaid PS Case, subject to the conditions as laid down under
Patna High Court CR. MISC. No.30777 of 2026(2) dt.06-05-2026 3/3 Section 482(2) of the BNSS as well as the following conditions:- (i) one of the bailors should be the family member/relative of the petitioner(s) who shall provide official document to show his/her bona fide;
(ii) the petitioner(s) shall appear on each and every date before the Trial Court and failure to do so for two consecutive dates without plausible reason will entail cancellation of his/their bail bond by the Trial Court itself;
(iii) the petitioner(s) shall in no way try to induce or promise or threat the witnesses or tamper with the evidences, failing which the State shall be at liberty to take steps for cancellation of the bail bonds; (iv) the petitioner(s) shall desist from committing any criminal offence again, failing which the State shall be at liberty to take steps for cancellation of his/their bail bonds.
(Ajit Kumar, J) perwez U T