Patna High Court
Sanjan Devi @ Sanjan KumariversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- PRABHAT KUMAR SINGH
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
2/3
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
Checking your session…