Patna High Court
Anita DeviversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- RAJESH KUMAR VERMA
Holding
The Court granted anticipatory bail to the petitioners subject to prescribed conditions.
Summary
The petitioners, six women related to the deceased in a dowry‑death case, filed an anticipatory bail application fearing arrest under Sections 80(2), 238, 3(5) of the B.N.S., 2023 and Sections 3 and 4 of the Dowry Prohibition Act, 1961. They contended that the FIR contains only vague, omnibus allegations and no specific charge of assault, dowry demand or overt act against them, and that they have clean antecedents. The State opposed the bail, arguing the seriousness of the offences. The Court examined the lack of specific allegations, the clean record of the petitioners, and the fact that the husband of the deceased is already in custody, and held that anticipatory bail could be granted. Accordingly, the Court ordered bail on a Rs.10,000 bond with two sureties and imposed conditions under Section 438(2) CrPC and Section 482(2) of the B.N.S., 2023, including cooperation with the trial and non‑tampering with evidence.
Issues considered
- Whether anticipatory bail should be granted to the petitioners in a dowry‑death case where the FIR lacks specific allegations against them.
Legislation cited
- B.N.S., 2023 — s. 238, 3(5), 482(2), 80(2)
- Code of Criminal Procedure — s. 438(2)
- Dowry Prohibition Act, 1961 — s. 3, 4
Subjects
- anticipatory bail
- dowry death
- false implication
- clean antecedents
- Section 438 CrPC
- Section 482 B.N.S.
- dowry prohibition
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.1326 of 2026
Arising Out of PS. Case No.-148 Year-2025 Thana- SRIPUR District- Gopalganj
======================================================
1. Anita Devi W/o Nagendra Yadav R/o Village - Ahirauli , P.S - Sripur,
District - Gopalganj
2. Gita Devi W/o Munna Yadav @ Munna Kumar Yadav R/o Village - Ahirauli
, P.S - Sripur, District - Gopalganj
3. Priyanka Devi W/o Amarjeet Yadav R/o Village - Ahirauli , P.S - Sripur,
District - Gopalganj
4. Yasoda Devi @ Yashoda Devi @ Sarda Devi @ Sharda Devi W/o
Shyambahadur Yadav @ Shyambahadur Chaudhary R/o Village - Ahirauli ,
P.S - Sripur, District - Gopalganj
5. Shyam Bahadur Yadav @ Shyam Bahadur Chaudhary S/o Late Jeeta
Chaudhary R/o Village - Ahirauli , P.S - Sripur, District - Gopalganj
6. Seema Devi W/o Nagendra Yadav R/o Village - Ahirauli , P.S - Sripur,
District - Gopalganj
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Lokesh Kumar Singh, Advocate
For the State : Mr. Brajendra Nath Pandey, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE RAJESH KUMAR VERMA
ORAL ORDER
2 17-02-2026 Heard Mr. Lokesh Kumar Singh, learned counsel for
the petitioners and Mr. Brajendra Nath Pandey, learned APP for
the State.
2. The petitioners are apprehending their arrest in
connection with Sripur P.S. Case No. 148 of 2025, F.I.R. dated
17.06.2025 registered for the offences punishable under
Sections80(2), 238, 3(5) of the B.N.S., 2023 and Sections 3 and
4 of the Dowry Prohibition Act, 1961.
Patna High Court CR. MISC. No.1326 of 2026(2) dt.17-02-2026
2/4
3. Allegation against the petitioners is of committing
torture and causing death of the daughter of the informant due to
non-fulfillment of demand of dowry.
4. Learned counsel for the petitioners submits that the
petitioners have clean antecedents and they have been falsely
implicated in the present case. He further submits that the
allegation as alleged in the F.I.R. is false and fabricated and the
petitioners have not committed any offence as alleged in the
F.I.R. It appears from the F.I.R. itself that the informant is not
an eye witness of the alleged occurrence and merely on the basis
of suspicion the petitioners have been made accused in the
present case. From perusal of the F.I.R. it appears that there is
no specific allegation of any assault or overt act or demand of
dowry attributed against these petitioners rather there is general
and omnibus allegation against all the accused persons including
the petitioners. Petitioner no. 1 is cousin mother-in-law,
petitioner nos. 2 and 3 are sisters-in-laws, petitioner no. 4 is
mother-in-law, petitioner no. 5 is father-in-law and petitioner no.
6 is married sister-in-law of the deceased. The husband of the
deceased is in judicial custody since 17.06.2025 who happens to
be son of petitioner no. 4 and 5.
5. Learned APP for the State has opposed the prayer
Patna High Court CR. MISC. No.1326 of 2026(2) dt.17-02-2026
3/4
for anticipatory bail of the petitioners.
6. Considering the facts and circumstances of the case
and the fact that the petitioners having clean antecedents and
they are in-laws of the deceased as well as husband of the
deceased is in judicial custody since 17.06.2025 and there is no
specific allegation of any assault or overt act or demand of
dowry attributed against these petitioners, let the petitioners,
above named, in the event of their arrest or surrender before the
court below within a period of thirty days from the date of
receipt of the order, be released on bail on furnishing bail bond
of Rs. 10,000/- (Rupees Ten Thousand) each with two sureties
of the like amount each to the satisfaction of learned Additional
Chief Judicial Magistrate-XIV, Gopalganj in connection with
Sripur P.S. Case No. 148 of 2025, subject to the conditions as
laid down under Section 438(2) of the Code of Criminal
Procedure/ Section 482(2) of BNSS, 2023 and with other
following conditions :-
(1) Petitioners shall co-operate in the trial and shall
be properly represented on each and every date fixed by the
Court and shall remain physically present as directed by the
Court and on their absence on two consecutive dates without
sufficient reason, their bail bonds shall be cancelled by the
Patna High Court CR. MISC. No.1326 of 2026(2) dt.17-02-2026
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Court below.
(2) If the petitioners tamper with the evidence or the
witness, in that case, the prosecution will be at liberty to move
for cancellation of bail.
(3) And, further condition that the court below shall
verify the criminal antecedent of the petitioners and in case at
any stage, it is found that the petitioners have concealed their
criminal antecedents, the court below shall take step for
cancellation of bail bond of the petitioners. However, the
acceptance of bail bonds in terms of the above-mentioned order
shall not be delayed for purpose of or in the name of
verification.
(Rajesh Kumar Verma, J)
Ibrar//-
U T
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