Basmatiya Devi v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.74922 of 2025 Arising Out of PS. Case No.-249 Year-2025 Thana- BIKRAM District- Patna ====================================================== Basmatiya Devi W/o Sudarshan Ravidas R/o Village - Maharajganj, P.S - Naubatpur, District - Patna ... ... Petitioner/s
Versus
1.
The State of Bihar.
2.
Santosh Bharati S/o Sitaram Das R/o Village - Barah, P.S - Rani Talab Kanpa, District - Patna ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr. Arvind Prasad Singh, Advocate For the Opposite Party/s :
Mr. Brajendra Nath Pandey, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE RAJIV ROY ORAL ORDER 19-11-2025 Learned counsel for the petitioner submits that he shall be depositing Rs. 200/- to the Patna High Court Legal Services Committee due to the typographical error in paragraph 4 of the petition and the receipt shall be submitted in the Office immediately.
2. Heard the parties.
3. The petitioner is apprehending her arrest in connection with Bikram P.S. Case No. 249 of 2025 for the offence under sections 80 and 3(5) of the B.N.S. lodged on 17.06.2025 by the informant, Santosh Bharti.
4. As per the prosecution story, the informant alleged that the cousin sister was married to one Santosh Kumar on
Patna High Court CR. MISC. No.74922 of 2025(2) dt.19-11-2025 2/3 09.05.2025 but within a month on 17.06.2025, came the news about her illness and later when they reached the place found her dead. This led to the FIR.
4. Learned counsel for the petitioner submits that she is maternal grand mother of Santosh Kumar, seventy years old, have no role to play in the matter but only because she belongs to the family, implicated. The husband, Santosh Kumar is in custody (paragraph-14 of the petition).
5. Learned APP opposes the prayer submitting that within a month of marriage, she was found dead when the informant reached the place.
6. Taking into account the submissions of the parties as also that the petitioner is a seventy years old lady having no criminal antecedent, is maternal grand mother and the husband is in custody, in that background, this Court is inclined to extend her the privilege of anticipatory bail with conditions.
7. Let the petitioner be released on bail in the event of arrest or surrender within a period of four weeks from the receipt of this order, on furnishing bail bond of Rs. 10,000/- (Ten thousand) with two sureties of like amount each to the satisfaction of learned ACJM-VI, Danapur in connection with Bikram P.S. Case No. 249 of 2025 subject to the following
Patna High Court CR. MISC. No.74922 of 2025(2) dt.19-11-2025 3/3 conditions:
(i) one of the bailor should be the family member/relative of the petitioner who shall provide official document to show his/her bona fide;
(ii) the petitioner 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 her bail bond by the Trial Court itself;
(iii) the petitioner 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 shall desist from committing any criminal offence again, failing which the State shall be at liberty to take steps for cancellation of her bail bonds. (Rajiv Roy, J) Adnan/- U T