Patna High Court
Rekha deviversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- RAJIV ROY
Holding
The Court held that the petitioner is entitled to anticipatory bail as she has no specific role in the alleged offence.
Summary
Rekha Devi, the sister‑in‑law of the accused in a dowry‑death case (Narhiya PS Case No. 8 of 2025), feared arrest under Sections 80, 238 and 3(5) of the B.N.S. The prosecution alleged she was involved in the murder of the informant's daughter, who was pregnant at the time of death. Rekha Devi contended she had no role in the offence and that other family members had already been granted relief in a related bail petition (Runa Devi & Ors. v. State of Bihar). The State opposed the bail. Considering the lack of specific involvement, absence of criminal antecedent, and the earlier relief to relatives, the Court granted anticipatory bail subject to strict conditions, including a bail bond, sureties, cooperation with investigation, and non‑interference with witnesses.
Issues considered
- Whether anticipatory bail can be granted to a family member (sister‑in‑law) alleged to be involved in a dowry‑death case under Sections 80, 238 and 3(5) of the B.N.S.
- Whether the prior relief granted to other family members influences the grant of bail to the petitioner
Legislation cited
- B.N.S. — s. 238, 3(5), 80
Subjects
- anticipatory bail
- dowry death
- criminal procedure
- family member liability
- bail conditions
- B.N.S.
- Section 80
- Section 238
- Section 3(5)
- Bihar
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.75336 of 2025
Arising Out of PS. Case No.-8 Year-2025 Thana- Narhiya District- Madhubani
======================================================
Rekha Devi wife of Santosh Shah Resident Of Village- Chhajana,PS-
Narhiya, Dist.- Madhubani
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Hriday Narayan Harshit, Advocate
For the State : Mr. Rajendra Singh, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE RAJIV ROY
ORAL ORDER
4 24-02-2026 Heard the parties.
2. The petitioner is apprehending her arrest in
connection with Narhiya P.S. Case No. 8 of 2025 registered for
the offence under Sections 80, 238 and 3(5) of the B.N.S.,
lodged on 02.02.2025 by the informant, Satyanarayan Mandal.
3. As per the prosecution story, the informant alleged
that his daughter tied nuptial knots with the accused, Saroj Sah
but was always tortured for dowry. On 02.02.2025, came the
news about her killing as also consigning the mortal remains to
the flame. She was pregnant at the time of occurrence,
accordingly, the F.I.R..
4. Learned counsel for the petitioner submits that she
is sister-in-law (gotni), no role to play in the matter and only
because she belongs to the family, got implicated. Further,
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submission is that other family members have been granted
relief in Cr. Misc. No. 62698 of 2025 (Runa Devi & Ors. vs.
The State of Bihar) on 15.09.2025 by a coordinate Bench.
5. Learned APP vehemently opposes the prayer.
6. Considering the submissions of the parties as also
the materials on record and the fact that the family members
have been granted relief, she do not have any specific role to
play as alleged, has no criminal antecedent, in that background,
this Court is inclined to extend her the privilege of anticipatory
bail.
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 Additional Chief Judicial Magistrate, 1st
Jhanjharpur, Madhubani, in connection with Narhiya P.S. Case
No. 8 of 2025 subject to the following conditions:-
(i) one of the bailor should be the family
member/relative of the petitioner who shall provide official
document (Aadhar Card/Voter Id/Driving License/Pan Card) to
show his/her bona fide;
(ii) the petitioner shall be appearing before the Police
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Station as and when required for cooperating in the
investigation;
(iii) 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 his/her
bail bond by the Trial Court itself;
(iv) 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;
(v) the petitioner shall desist from committing any
criminal offence again, failing which the State shall be at liberty
to take steps for cancellation of bail bonds.
(Rajiv Roy, J)
vinayak/-
U T
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