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Patna High Court

Pushpanjali Devi @ Pushpa DeviversusThe State of Bihar

Decided
Disposal
BAIL GRANTED

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

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,
Patna High Court CR. MISC. No.13184 of 2026(3) dt.29-04-2026
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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.
Patna High Court CR. MISC. No.13184 of 2026(3) dt.29-04-2026
                                            3/4




                       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
            Patna High Court CR. MISC. No.13184 of 2026(3) dt.29-04-2026
                                                        4/4




                      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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