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Patna High Court

Sanjan Devi @ Sanjan KumariversusThe State of Bihar

Decided
Disposal
BAIL GRANTED

Holding

The court allowed the petition for anticipatory bail, granting it subject to conditions.

Summary

The petitioner, Sanjan Devi, sought anticipatory bail fearing arrest in a case registered under Sections 80(2), 238 and 3(5) of the B.N.S., which alleged that she had illicit relations with the husband of the informant’s daughter and participated in the murder of the daughter over a dowry dispute. The prosecution’s narrative linked the petitioner to the crime, while she contended she was merely a neighbour with clean antecedents and no involvement, noting that no witness had implicated her. The State opposed the bail application. The High Court, considering the general nature of the accusations, the petitioner’s clean record, and lack of substantive evidence against her, granted anticipatory bail. The order stipulated a bail‑bond of Rs.10,000 with two sureties and imposed conditions under Section 482(2) of the B.N.S.S. The bail is to be effected if arrest occurs within eight weeks of the order.

Issues considered

  • Whether anticipatory bail should be granted to the petitioner under the circumstances.
  • Whether the allegations against the petitioner constitute sufficient ground to deny bail.
  • Application of Section 482(2) of the B.N.S.S. in granting bail.

Legislation cited

Subjects

  • anticipatory bail
  • dowry harassment
  • murder
  • false implication
  • Section 482
  • Criminal Procedure
  • bail

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                               CRIMINAL MISCELLANEOUS No.1091 of 2026
                   Arising Out of PS. Case No.-645 Year-2025 Thana- MADHEPURA District- Madhepura
                 ======================================================
                 Sanjan Devi @ Sanjan Kumari W/o Late Lal Yadav R/o Village - Chiknotwa
                 Ward No. 6, P.S - Ghailarh, District - Madhepura

                                                                                ... ... Petitioner/s
                                                      Versus
                 The State of Bihar

                                                        ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner     :        Mr. Amarnath Jha, Advocate
                 For the State          :        Mr. Madhura Nand Jha, APP
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH
                                       ORAL ORDER

2   28-01-2026                  Heard learned counsel appearing on behalf of the

                   petitioner and learned APP appearing on behalf of the State.

                                2. The petitioner apprehends her arrest in a case

                   registered for the offence punishable under Sections 80(2), 238

                   and 3(5) of the B.N.S..

                                3. As per prosecution case, marriage of daughter of

                   informant was solemnized with co-accused Manjay Kumar

                   about three years ago. It is alleged that after some time of

                   marriage, all the F.I.R. named accused persons started

                   demanding dowry and due to non-fulfillment of demand of

                   dowry, they committed torture and harassment with the victim.

                   It is further alleged that this petitioner had illicit relations with

                   husband of daughter of informant and on 09.06.2025 at about 4

                   PM, daughter of informant caught this petitioner along with her
Patna High Court CR. MISC. No.1091 of 2026(2) dt.28-01-2026
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          husband in an objectionable position and in retaliation, all the

          F.I.R. named accused persons, including this petitioner,

          committed murder of daughter of informant.

                        4. It is submitted by learned counsel appearing on

          behalf of the petitioner that petitioner is quite innocent and has

          committed no offence. Petitioner is not a family members of the

          deceased and she has falsely been implicated in this case merely

          on suspicion that she had illicit relations with husband of the

          deceased. Allegation of finding this petitioner with husband of

          the deceased in an objectionable condition is absolutely

          fictitious and she has nothing to do with the deceased or her

          husband. Petitioner is merely neighbour of husband of the

          deceased. During investigation, none of the witnesses have even

          raised suspicion against this petitioner. Moreover, thrust of

          accusation is against husband of the deceased who is already in

          custody. Petitioner is a lady and claims clean antecedents.

                        5. Learned A.P.P. for the State has vehemently

          opposed the prayer for grant of anticipatory bail to the

          petitioner.

                        6. Considering the facts and circumstances of the

          case, general and omnibus nature of accusation and clean

          antecedents of the petitioner, the prayer for grant of anticipatory
             Patna High Court CR. MISC. No.1091 of 2026(2) dt.28-01-2026
                                                         3/3




                       bail to the petitioner is allowed.

                                    7. Accordingly, in the event of arrest/surrender within

                       a period of eight weeks from today, let the above named

                       petitioner be enlarged on bail on furnishing bail-bond of Rs.

                       10,000/- (ten thousand) with two sureties of the like amount

                       each to the satisfaction of learned C.J.M., Madhepura in

                       connection with Madhepura (Ghailrah O.P.) P.S. Case No. 645

                       of 2025, subject to condition as laid down under Section 482(2)

                       of the B.N.S.S..



                                             (Prabhat Kumar Singh, J)
shashank/-

U      T


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