Patna High Court

Prabhawati DeviversusThe State of Bihar

Decided: 23 March 2026
Disposal: BAIL GRANTED
Bench: PRABHAT KUMAR SINGH

Holding

Anticipatory bail was granted to the petitioners subject to conditions.

Summary

The petitioners, who are the mother‑in‑law, brother‑in‑law and sister‑in‑law of a deceased woman, applied for anticipatory bail in a dowry‑death case registered under Sections 80(2) and 3(5) of the Bharatiya Nyaya Sanhita. The prosecution alleged that the petitioners, along with other accused, participated in the killing of the deceased for non‑payment of dowry. The petitioners contended they had no involvement, maintained clean antecedents, and were merely victims of over‑implication, especially since the husband of the deceased was already in custody. The State opposed the bail, arguing the seriousness of the offence. The Court, noting the husband’s custody and lack of direct evidence against the petitioners, granted anticipatory bail subject to a bond of Rs. 10,000 and two sureties, invoking Section 482(2) of the Bharatiya Nagarik Suraksha Sanhita, 2023.

Issues considered

Whether anticipatory bail should be granted to the petitioners in a dowry‑death case under the Bharatiya Nyaya Sanhita.
Whether the allegations against the petitioners are sufficient to deny bail.

Legislation cited

Bharatiya Nagarik Suraksha Sanhita, 2023 — s. 482(2)
Bharatiya Nyaya Sanhita — s. 3(5), 80(2)

Subjects

dowry death
anticipatory bail
Bharatiya Nyaya Sanhita
Bharatiya Nagarik Suraksha Sanhita
Section 80
Section 3
Section 482
criminal procedure
family law

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.13749 of 2026
                   Arising Out of PS. Case No.-570 Year-2025 Thana- CHAKIA District- East Champaran
                 ======================================================
           1.     Prabhawati Devi W/O Late Ramyash Tiwari @ Mukund Tiwari R/O Village-
                  Bulbulwa, P.S- Rajepur (Sahebganj), Distt.- Muzaffarpur.
           2.    Rahul Kumar S/O Braj Kishore Sharma R/O Village- Bulbulwa, P.S-
                 Rajepur (Sahebganj), Distt.- Muzaffarpur.
           3.    Babita Devi @ Babita Kumari D/O Late Ramyash Tiwari @ Mukund Tiwari
                 R/O Village- Bulbulwa, P.S- Rajepur (Sahebganj), Distt.- Muzaffarpur.

                                                                                  ... ... Petitioner/s
                                                       Versus
                 The State of Bihar

                                                        ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :       Mr. Abhishek Kumar, Mr. Hemant Ray, Advocates
                 For the Opposite Party/s :       Mr. Surendra Prasad Singh, A.P.P.
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH
                                       ORAL ORDER

2   23-03-2026                    Heard learned counsel for the petitioners and learned

                   A.P.P. for the State.

                                2. Petitioners apprehend arrest in a case registered for

                   the offences punishable under Sections 80(2), 3(5) of the

                   Bharatiya Nyaya Sanhita.

                                3. It is a case of dowry death. Prosecution case, in

                   brief, is that marriage of the daughter of informant was

                   solemnized with co-accused Gyan Prakash in the year 2023.

                   Thereafter, it is alleged that these petitioners, along with other

                   F.I.R. named accused persons, killed the daughter of informant

                   due to non-fulfillment of demand of dowry.
Patna High Court CR. MISC. No.13749 of 2026(2) dt.23-03-2026
                                            2/3




                       4. Learned counsel for the petitioners submits that

          petitioners are innocent and have committed no offence.

          Petitioner no. 1 is mother-in-law, petitioner no. 2 is brother-in-

          law (Nandosi) and petitioner no. 3 is sister-in-law of the

          deceased and they are simply victims of over-implications.

          Allegation against petitioners is general and omnibus.

          Petitioners are separate in mess and property and they are not

          concerned with family affairs of the deceased. Moreover, thrust

          of accusation is against husband of the deceased who is already

          in custody. Petitioners claim clean antecedent.

                       5. Learned A.P.P. for the State vehemently opposed

          the bail application.

                       6. Considering the fact that husband of the deceased is

          already in custody, this anticipatory bail is allowed and it is

          ordered that let the above named petitioners in the event of their

          arrest/surrender before the court below within a period of eight

          weeks from today, be enlarged on bail on furnishing bail-bond

          of Rs. 10,000/- (ten thousand) each with two sureties of the like

          amount each to the satisfaction of Judicial Magistrate, 1st Class,,

          East Champaran, Motihari in connection with Chakia P. S. Case

          No. 570 of 2025, subject to conditions as laid down under
              Patna High Court CR. MISC. No.13749 of 2026(2) dt.23-03-2026
                                                          3/3




                        Section 482(2) of the Bharatiya Nagarik Suraksha Sanhita,

                        2023.



                                              (Prabhat Kumar Singh, J)
Navya/-

U         T

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