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Patna High Court

Sunaina DeviversusThe State of Bihar

Decided
Disposal
BAIL GRANTED

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

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
                 ======================================================
           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
                 ======================================================
                 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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