CR. MISC./57750/2026 of Sheela Devi Vs The State of Bihar on 19 August 2026

ORAL ORDER

19-08-2026 Heard the learned counsel for the petitioner and learned Additional Public Prosecutor for the State.

2. The petitioner is apprehending his arrest in connection with Gopalpur P.S. Case No.121 of 2026, F.I.R dated 18.05.2026 registered for the offences punishable under Sections 103(1), 238 and 3(5) of the Bharatiya Nyaya Sanhita, 2023.

3. According to prosecution case, on 18.05.2026, information was received that Kavita Kumari had been missing for 2–3 days and was allegedly killed by her family members due to her love affair with Vikash Kumar. During interrogation, her mother Premshila Devi allegedly confessed that she, along with the other accused, had strangulated Kavita with a dupatta on 16.05.2026 and thereafter concealed her body by throwing it into the Sikrahna River with soil-filled sacks tied to it. Pursuant to the disclosure, the police recovered the swollen dead body from the river, which was identified by Premshila Devi as that of Kavita Kumari.

4. Learned counsel for the petitioner submits that the petitioner is innocent and has been falsely implicated in the present case. It has next been submitted that the name of the petitioner has transpired on the basis of confession made by Premshila Devi and though the petitioner is F.I.R. named, the specific allegation of causing death is against the parents and nothing has surfaced against this petitioner to suggest her complicity in the commission of said offence and the allegations against this petitioner are general and omnibus in nature. It has lastly been submitted that the petitioner has clean antecedent.

5. Learned APP for the State opposes the prayer for anticipatory bail application.

6. Considering the aforesaid facts and circumstances that the name of the petitioner has transpired on the basis of confessional statement of Premshila Devi and the specific allegation of causing death is against the parents and nothing has surfaced against this petitioner to suggest her complicity in the commission of said offence and the allegations against this petitioner are general and omnibus in nature. Accordingly, this Court is inclined to grant the privilege of anticipatory bail to the petitioner.

7. Let the petitioner, above named, in the event of his/her arrest or surrender before the Court below within a period of thirty days from the date of receipt of the order, be released on bail on furnishing bail bond of Rs. 10,000/- (Ten Thousand) with two sureties of the like amount each to the satisfaction of the learned J.M. 1st Class, Bettiah, West Champaran, in connection with Gopalpur P.S. Case No.121 of 2026, subject to the conditions as laid down under Section 438(2) of the Code of Criminal Procedure / Section 482(2) of the Bhartiya Nagarik Suraksha Sanhita and with other following conditions:-

(i) one of the bailors should be the family member/relative/known of the petitioner(s) who shall provide official document/personal affidavit 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/her/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 their bail bonds.

sharun/- (Ajit Kumar, J) U T