Patna High Court
Pushpanjali Devi @ Pushpa DeviversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- RAJIV ROY
Holding
The Court held that, given the lack of direct involvement and the nature of the evidence, the petitioners are entitled to anticipatory bail.
Summary
The petitioners, Pushpanjali Devi and Manoj Kumar Thakur, who are the parents‑in‑law of the accused husband, sought anticipatory bail after an FIR was lodged under Sections 80 and 3(5) of the B.N.S. in connection with the alleged dowry‑related death of a woman who was found hanged. The prosecution alleged that the victim was tortured for dowry and later died by hanging, leading to the filing of the case. The petitioners contended that they had no role in the death, lived separately from the accused, and that the cause of death was asphyxia due to hanging. The State argued that, as parents‑in‑law, they could not be ignored in the investigation. Considering the supervision note, the nature of the death, and the petitioners’ lack of direct involvement, the Court granted them anticipatory bail subject to standard conditions. The order directed that bail be released within four weeks upon furnishing a bond and sureties, with conditions to ensure cooperation with investigation and non‑interference with witnesses.
Issues considered
- Whether the parents‑in‑law can be granted anticipatory bail under Sections 80 and 3(5) of the B.N.S. in a dowry‑death case.
- Whether the petitioners have any material participation in the alleged offence that would preclude bail.
Legislation cited
- B.N.S. — s. 3(5), 80
Subjects
- anticipatory bail
- dowry death
- asphyxia
- hanging
- parents-in-law liability
- Section 80
- B.N.S.
- criminal procedure
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.13184 of 2026
Arising Out of PS. Case No.-345 Year-2025 Thana- SAHEBPUR KAMAL District-
Begusarai
======================================================
1. Pushpanjali Devi @ Pushpa Devi Wife of Manoj Kumar Thakur @ Manoj
Thakur Resident of Village- Panchveer West, Ward no. 02, P.S.- SAhebpur
Kamal, District- Begusarai
2. Manoj Kumar Thakur @ Manoj Thakur Son of Late Lakshmi Thakur
Resident of Village- Panchveer West, Ward no. 02, P.S.- SAhebpur Kamal,
District- Begusarai
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Raj Kumar, Advocate
: Mr. Sarvottam Kumar, Advocate
For the State : Mrs. Nirmala Kumari, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE RAJIV ROY
ORAL ORDER
3 29-04-2026 Heard Mr. Raj Kumar, learned counsel for the
petitioner and learned APP representing the State.
2. The petitioner is apprehending his arrest in
connection with Sahebpur Kamal P.S. Case No. 345 of 2025
registered for the offence under Sections 80 and 3(5) of the
B.N.S., lodged on 13.12.2025 by the informant, Ranjana Devi.
3. As per the prosecution story, the informant alleged
that the victim lady was married on 01.12.2024 with Aditya
Kumar Thakur but was tortured for dowry and on 12.12.2025,
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got the information about her killing. This led to the F.I.R.
4. Earlier, the coordinate Bench had called for the
case diary which is on record alongwith the postmortem report.
5. Learned counsel for the petitioner submits that the
petitioners are father-in-law and mother-in-law, the husband is
in custody. They were living separately having no role to play in
the matter as the cause of death has been recorded as asphyxia
due to hanging.
6. He has further taken this Court to the supervision
note as recorded in paragraph no.35 of the case diary by the
S.D.P.O, Balia wherein it has been recorded that so far as the
husband is concerned, the case has been found to be true while
for these two petitioners, they wanted further investigation
beside the role of Saloni Kumari vis-a-vis, the husband has also
been directed to be investigated.
7. Learned APP opposes the prayer submitting that
they being the parents in-law their role cannot be ignored.
8. Considering the submissions of the parties as
recorded aforesaid as also the supervision note, the cause of the
death has been recorded as asphyxia due to hanging, these two
petitioners are parents in-law, in that background, this Court is
inclined to extend him the privilege of anticipatory bail.
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9. Let the petitioner be released on bail in the event of
arrest or surrender within a period of four weeks from the
receipt of this order, on furnishing bail bond of Rs. 10,000/-
(Ten thousand) with two sureties of like amount each to the
satisfaction of learned Sub-Judge-IV-cum-Additional Chief
Judicial Magistrate-IV, Begusarai, in connection with Sahebpur
Kamal P.S. Case No. 345 of 2025 subject to the following
conditions:-
(i) one of the bailor should be the family
member/relative of the petitioner who shall provide official
document (Aadhar Card/Voter Id/Driving License/Pan Card) to
show his/her bona fide;
(ii) the petitioner shall be appearing before the Police
Station as and when required for cooperating in the
investigation;
(iii) the petitioner 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
bail bond by the Trial Court itself;
(iv) the petitioner 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
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cancellation of the bail bonds;
(v) the petitioner shall desist from committing any
criminal offence again, failing which the State shall be at liberty
to take steps for cancellation of bail bonds.
(Rajiv Roy, J)
vinayak/-
U
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