Patna High Court
Jeerba DeviversusThe State of Bihar
- Decided
- Disposal
- ALLOWED
- Bench
- ASHOK KUMAR PANDEY
Holding
Anticipatory bail was granted to the petitioners subject to surrender, bond and sureties under Section 482(2) of the Bharatiya Nagarik Suraksha Sanhita, 2023.
Summary
The petitioners—Jeerba Devi, Ranjay Yadav and Ranjeet Yadav—applied for anticipatory bail fearing arrest in a dowry‑death case (Shakurabad PS case No. 207 of 2024) under Sections 80, 238 and 3(5) of the Bharatiya Nagarik Suraksha Sanhita, 2023. The prosecution alleges that the deceased Khushbu Kumari was killed by her in‑laws following dowry demands, while the petitioners claim they are innocent, have no criminal antecedent, and that the main accusation is against the husband who is already in custody. The State opposed the bail, arguing the seriousness of the offences. The Court, after hearing counsel, considered whether the petitioners could be granted anticipatory bail under Section 482(2) of the same Act, balancing the presumption of innocence against the need to ensure investigation. It held that bail could be granted subject to surrender, a bond of Rs 10,000 and two sureties, and other conditions. Accordingly, the petition for anticipatory bail was allowed.
Issues considered
- Whether anticipatory bail can be granted to the petitioners under Section 482(2) of the Bharatiya Nagarik Suraksha Sanhita, 2023 in a dowry‑death case
- Whether the allegations against the petitioners constitute a ground to deny anticipatory bail
Legislation cited
- Bharatiya Nagarik Suraksha Sanhita, 2023 — s. 238, 3(5), 482(2), 80
Subjects
- anticipatory bail
- dowry death
- criminal procedure
- Section 482
- Section 80
- Section 238
- Section 3(5)
- bail conditions
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.13517 of 2026
Arising Out of PS. Case No.-207 Year-2024 Thana- SAKURABAD District- Jehanabad
======================================================
1. Jeerba Devi W/O Ramvriksh Yadav Resident of Village- Rustamchak, P.S-
Shakurabad, Distt.- Jehanabad.
2. Ranjay Yadav @ Ranjay Kumar S/O Ramvriksh Yadav Resident of Village-
Rustamchak, P.S- Shakurabad, Distt.- Jehanabad.
3. Ranjeet Yadav S/O Ramvriksh Yadav Resident of Village- Rustamchak, P.S-
Shakurabad, Distt.- Jehanabad.
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Ms. Kumari Anjani Sinha, Adv.
For the Opposite Party/s : Mr. Nitya Nand Tiwari, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE ASHOK KUMAR PANDEY
ORAL ORDER
2 26-02-2026 Heard learned counsel for the petitioners and the
learned APP for the State.
2. The instant application for anticipatory bail has been
filed by the petitioners apprehending their arrest in connection
with Shakurabad P.S. Case no. 207 of 2024 instituted for the
offence under Sections 80, 238, 3(5) of the B.N.S., 2023.
3. The case of the prosecution, in short, is that Khushbu
Kumari (deceased) was married to one Sanjit Kumar. It is
alleged that she was subjected to cruelty on account of non-
fulfillment of dowry demand. Ultimately, she was killed by her
in-laws.
4. Learned counsel appearing on behalf of the
Patna High Court CR. MISC. No.13517 of 2026(2) dt.26-02-2026
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petitioners has submitted that petitioners are innocent and have
committed no offence. They have falsely been implicated in this
case. He also submits that petitioner no. 1 is the mother-in-law,
whereas petitioner nos. 2 and 3 are brothers-in-law of the
deceased. He also submits that the husband is already in
custody. The nature of the allegation is general and omnibus. He
further submits that the main thrust of the allegation is against
the husband. Petitioner no. 1 is a lady. He further submits that a
statement has been made in para-3 of this petition that the
petitioners have got no criminal antecedent.
5. In contra, learned APP appearing for the State has
opposed the prayer of bail of the petitioners.
6. Having heard learned counsel for the parties and
in the facts and circumstances of the case as stated above, this
Court is inclined to enlarge the petitioners on bail. The
petitioners are directed to surrender in the Court below within a
period of four weeks from today and in the event of their arrest
or surrender in connection with Shakurabad P.S. Case no. 207 of
2024, they will be enlarged 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 Judicial
Magistrate, 1st Class, Jehanabad subject to the conditions as laid
Patna High Court CR. MISC. No.13517 of 2026(2) dt.26-02-2026
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down under section 482(2) of the Bharatiya Nagarik Suraksha
Sanhita, 2023.
(Ashok Kumar Pandey, J)
Sudhanshu/-
U T
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