Patna High Court
Mamta DeviversusThe State Of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- AJIT KUMAR
Holding
The Court granted anticipatory bail to the petitioners subject to conditions under Section 482(2) of the Bharatiya Nyaya Sanhita.
Summary
The petitioners, Mamta Devi and Ram Sewak Rai, mother‑in‑law and father‑in‑law of a deceased woman, were implicated in a dowry‑death case (PS Case No 283/2025) alleging they killed the victim for non‑payment of dowry. They filed an anticipatory bail petition, asserting innocence, lack of specific allegations, and that the husband of the deceased is already in custody and the child is being cared for by the petitioners. The State opposed the bail. The Court observed that the allegations were general, the primary accused (the husband) was already detained, and the petitioners had no criminal record. Accordingly, the Court granted anticipatory bail subject to a Rs 10,000 bond, two sureties, and strict conditions under Section 482(2) of the Bharatiya Nyaya Sanhita.
Issues considered
- Whether anticipatory bail can be granted in a dowry‑death case where allegations are general and the primary accused is already in custody
- Whether the petitioners’ lack of criminal antecedents and care of the child justify bail
Legislation cited
- Bharatiya Nyaya Sanhita — s. 3(5), 482(2), 80(2), 85
- Dowry Prohibition Act — s. 3, 4
Subjects
- anticipatory bail
- dowry death
- Section 85 BNSS
- Section 80(2) BNSS
- Section 3(5) BNSS
- Section 482(2) BNSS
- Dowry Prohibition Act
- bail conditions
- criminal law
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.11327 of 2026
Arising Out of PS. Case No.-283 Year-2025 Thana- AMNAUR District- Saran
======================================================
1. Mamta Devi S/O Sri Ram Sewak Rai R/O Village- Mani Srisiya, P.s.-
Amnaur, District- Saran
2. Ram Sewak Rai S/O Late Ramjit Ray R/O Village- Mani Srisiya, P.s.-
Amnaur, District- Saran
... ... Petitioner/s
Versus
The State Of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Ajay Kumar Thakur
Mr. Shivam
Mr. Purushottam Kumar
For the Opposite Party/s : Mr. Manoj Kumar
======================================================
CORAM: HONOURABLE MR. JUSTICE AJIT KUMAR
ORAL ORDER
3 01-04-2026 Heard learned counsel for the parties.
2. The petitioners are apprehending their arrest in
connection with Amnaur P.S. Case No.283 of 2025 dated
21.09.2025, registered for the offence punishable under Sections
85, 80(2), 3(5) of the Bharatiya Nyaya Sanhita and Sections 3, 4
of the Dowry Prohibition Act.
3. As per the FIR, the petitioners are said to have
killed the daughter of informant on the pretext of non-
fulfillment of demand for dowry.
4. It is submitted by learned counsel for the
petitioners that the petitioners are innocent and have committed
no offence. They have been falsely implicated in this case. The
allegations levelled against the petitioners are not specific;
Patna High Court CR. MISC. No.11327 of 2026(3) dt.01-04-2026
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rather, they are general and omnibus in nature. It is further
submitted that petitioner nos. 1 and 2 are the mother-in-law and
father-in-law, respectively, of the deceased, and the husband of
the deceased is already in judicial custody since 22.09.2025.
The cause of death is said to be hanging, which finds support
from the F.S.L. report as well as the post-mortem report. It is
further submitted that out of the wedlock between the deceased
and the son of the petitioners, there is a 10-month-old son, who
is presently living with the family of the petitioners. Lastly, it is
submitted that the petitioners have no criminal antecedents.
5. Learned APP for the State opposed the prayer for
anticipatory bail.
6. Taking into account that the allegations are
general and omnibus, and husband of the deceased is already
in judicial custody and the 10 month old son of the deceased
is being looked after by the family of the petitioners, let the
above named petitioners, be released on bail, in the event of
their arrest or surrender before the learned Court below within
a period of four weeks from today, on furnishing bail bond of
Rs. 10,000/- (Rupees Ten Thousand) each with two sureties
of the like amount each to the satisfaction of the learned court
below where the case is pending/Successor Court in
Patna High Court CR. MISC. No.11327 of 2026(3) dt.01-04-2026
3/3
connection with Amnaur P.S. Case No.283 of 2025, subject to
the conditions as laid down under Section 482(2) of the BNSS
as well as the 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.
(Ajit Kumar, J)
shikha/-
U T
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