Gyan Devi v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.45302 of 2025 Arising Out of PS. Case No.-10 Year-2024 Thana- Tilakeshwar District- Darbhanga ====================================================== Gyan Devi W/o Lalit Ray @ Lalit Rai R/o Village- Paikacharai, P.STilkeshwar, Dist- Darbhanga ... ... Petitioner/s
Versus
1.
The State of Bihar 2.
Anita Devi W/O Manoj Rai R/o village- Sisauna, P.s- K.Sthan, Distdarbhanga. ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr.Rahul Kumar, Advocate For the State :
Mr.Bishweshwar Ram, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE SANDEEP KUMAR ORAL ORDER 29-08-2025 Heard learned counsel for the petitioner and learned APP for the State.
2. This is the second attempt on behalf of the petitioner for grant of anticipatory bail in connection with Tilkeshwar P.S. Case No. 10 of 2024 instituted under Sections Sections 302, 201 and 120(B) of the Indian Penal Code.
3. Earlier the anticipatory bail application of the petitioner has been rejected vide order dated 11.12.2024 passed in Cr. Misc. No. 75677 of 2024, which reads as under: "Heard learned counsel for the petitioners and learned A.P.P. for the State.
2. After some argument, learned counsel for the petitioners seek permission and is permitted to withdraw the bail application of the petitioner no. 2, namely, Gyan Devi, who is the
Patna High Court CR. MISC. No.45302 of 2025(2) dt.29-08-2025 2/3 mother-in-law of the deceased.
3. Accordingly, this application is dismissed as withdrawn with respect to petitioner no. 2 and is now restricted to petitioner nos. 1, 3 to 4 only.
4. The petitioner nos. 1, 3 and 4 apprehend their arrest in connection with Tilkeshwar P.S. Case No. 10 of 2024 instituted under Sections 302, 201 and 120(B) of the Indian Penal Code.
5. Considering the general and omnibus allegation levelled against the petitioner nos. 1, 3 and 4 and also the fact that they are junior members of the family, this application for anticipatory bail is allowed
6. Let the petitioner nos. 1, 3 and 4 above named, in the event of arrest or surrender before the Court below within six weeks from today, be released on bail upon furnishing bail bonds of Rs.10,000/- (ten thousand) each with two sureties of the like amount each to the satisfaction of the learned Judicial Magistrate, 1st Class, Biraul at Darbhanga/concerned Court in connection with Tilkeshwar P.S. Case No. 10 of 2024, subject to the conditions laid down in Section 438(2) of the Code of Criminal Procedure, 1973."
4. The petitioner is the mother-in-law of the deceased.
5. Now the present application for anticipatory bail has been moved on the ground that the parties have settled their disputes and a compromise petition has been filed by the prosecution.
6. It appears that the accused persons are tampering with the evidence. Moreover, in view of the law laid down by the Hon'ble Supreme Court in the case of G.R. Ananda Babu v.
Patna High Court CR. MISC. No.45302 of 2025(2) dt.29-08-2025 3/3 State of T.N. reported as (2021) 16 SCC 725, the second anticipatory bail is not maintainable.
7. This application is dismissed with a direction to the petitioner to surrender in the Court below within two weeks, failing which the Senior Superintendent of Police, Darbhanga will take all steps for arrest of the petitioner.
8. Let a copy of this order be communicated to the Senior Superintendent of Police, Darbhanga forthwith through FAX or e-mail for its compliance.
(Sandeep Kumar, J) P. Kumar U T