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Patna High CourtCR. MISC./1899/2026bail granted

Kavita Devi v. The State Of Bihar

2026-01-29Mr. Justice Prabhat Kumar Singh3 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.1899 of 2026 Arising Out of PS. Case No.-107 Year-2025 Thana- Gadhiya Bazar District- East Champaran ====================================================== Kavita Devi Wife of Raj Kumar Prasad Resident of village - Sawangiya, P.S.- Garahiya Bazar, District - East Champaran ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Abhishek Kumar For the Opposite Party/s :

Mrs.Nirmala Kumari ====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH ORAL ORDER 29-01-2026 Heard learned counsel for the petitioner and learned A.P.P. for the State.

2. The petitioner apprehends her arrest in a case registered for the offence under Sections 103(1), 80(2), 3(5) of the B.N.S.

3. The informant alleged that his daughter was married to co-accused Arjun Prasad on 22.11.2024 and it is alleged that on 28.05.2025, the informant received an information that his daughter has been murdered. On inquiry, the informant came to know that his son-in-law had illicit relation with his Bhabhi (petitioner), which was objected by informant's daughter and due to that reason, they committed her murder and absconded from the place of occurrence.

4. Learned counsel for the petitioner submits that

Patna High Court CR. MISC. No.1899 of 2026(2) dt.29-01-2026 2/3 petitioner is simply a victim of false implication. Only on the basis of mere suspicion that this petitioner had illicit relation with husband of deceased, the informant, who is father of deceased, has falsely implicated her. Petitioner is own sister-inlaw (xksruh) of the deceased and she is separate in mess and property and has got no concern with the family affairs of deceased and her husband. Learned counsel for the petitioner further submits that there is no allegation of any demand of dowry or torture. As a matter of fact, on the alleged date of incident, there was some quarrel between deceased and her husband and out of anger & frustration, the deceased committed suicide by hanging. Doctor has also found cause of death, as Asphyxia due to hanging. Moreover, thrust of the accusation is against husband of the deceased, who is already in custody since 26.06.2025. Petitioner is lady and claims clean antecedent.

5. Learned A.P.P. for the State vehemently opposes the prayer for anticipatory bail of petitioner.

6. However, in the facts and circumstances of the case, let the above named petitioner, in the event of arrest/surrender within a period of eight weeks from today, be enlarged on bail on furnishing bail-bond of Rs. 10,000/- (ten thousand) with two sureties of the like amount each to the

Patna High Court CR. MISC. No.1899 of 2026(2) dt.29-01-2026 3/3 satisfaction of learned J.M. 1st Class, East Champaran, Motihari in connection with Garahiya Bazar P.S. Case No. 107 of 2025, subject to condition as laid down under Section 482 of the B.N.S.S., 2023.

(Prabhat Kumar Singh, J) anay U T