Patna High Court
Sunaina DeviversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- PRABHAT KUMAR SINGH
Holding
The High Court exercised its inherent powers under Section 482 of the B.N.S., 2023 and granted anticipatory bail to the petitioners subject to specified conditions.
Summary
The petitioners, mother‑in‑law and father‑in‑law of a deceased woman, filed an anticipatory bail petition fearing arrest in a dowry‑death case registered as P.S. Case No. 410 of 2024. The offence alleged against the husband of the deceased is punishable under Sections 80 and 3(5) of the B.N.S., 2023. The State opposed the bail, arguing the petitioners had no direct involvement in the alleged crime. The Court examined whether the petitioners could be granted anticipatory bail under the inherent powers of the High Court and the specific provisions of the B.N.S., 2023. Considering the facts that the petitioners are separate in mess and property and have no concern with the family affairs, the Court ordered that they be released on bail if arrested within eight weeks, upon furnishing bail bonds and sureties, subject to conditions under Section 482 of the B.N.S., 2023.
Issues considered
- Whether the petitioners are entitled to anticipatory bail in a dowry‑death case under Sections 80 and 3(5) of the B.N.S., 2023
- Whether the High Court can exercise its inherent powers under Section 482 of the B.N.S., 2023 to grant anticipatory bail
Legislation cited
- B.N.S., 2023 — s. 3(5), 482, 80
Subjects
- dowry death
- anticipatory bail
- Section 482
- High Court
- criminal law
- family law
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.12179 of 2026
Arising Out of PS. Case No.-410 Year-2024 Thana- SHAHPUR PATORI District- Samastipur
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1. Sunaina Devi W/o Suresh Rajak R/o Village - Dumduma, Ward No. 10, P.S -
Patori, District - Samastipur
2. Suresh Rajak S/o Kaleshwar Rajak R/o Village - Dumduma, Ward No. 10,
P.S - Patori, District - Samastipur
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
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Appearance :
For the Petitioner/s : Mr.Ankit Kumar Jha
For the Opposite Party/s : Mr.Jagdhar Prasad
======================================================
CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH
ORAL ORDER
2 24-02-2026 Heard learned counsel for the petitioners and learned
A.P.P. for the State.
2. The petitioners apprehend their arrest in a
complaint case punishable for the offence under Sections 80,
3(5) of the B.N.S., 2023.
3. It is a case of ‘Dowry Death’.
4. Petitioner no. 1 is mother-in-law and petitioner no.
2 is father-in-law of the deceased. There is general and omnibus
allegation. Thrust of the accusation is against husband of the
deceased, who is already in custody since 25.06.2025.
Petitioners are separate in mess and property and have got no
concern with family affairs of deceased and her husband.
Patna High Court CR. MISC. No.12179 of 2026(2) dt.24-02-2026
2/2
5. Learned A.P.P. for the State opposes the prayer for
anticipatory bail of petitioners.
6. However, considering the aforesaid facts and
circumstances, let the above named petitioners, in the event of
arrest/surrender within a period of eight weeks from today, be
enlarged on bail on furnishing bail-bonds of Rs. 10,000/- (ten
thousand) each with two sureties of the like amount each to the
satisfaction of learned C.J.M., Samastipur in connection with
Patori P.S. Case No. 410 of 2024, subject to condition as laid
down under Section 482 of the B.N.S.S., 2023.
(Prabhat Kumar Singh, J)
anay
U T
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