Patna High Court
Dhamanti Devi @ Dhanmanti DeviversusThe State of Bihar
- Decided
- Disposal
- ALLOWED
- Bench
- SUNIL DUTTA MISHRA
Holding
The court held that, given the petitioners’ clean antecedent and lack of risk of absconding or evidence tampering, they are entitled to anticipatory bail.
Summary
The petitioners, Dhamanti Devi and Bachulal Sahni, sought anticipatory bail in a case alleging they demanded dowry and participated in the murder of the informant’s sister. The prosecution alleged that the petitioners were involved in a dowry‑related homicide under Sections 103(1), 80(2), 61(2) and 3(5) of the Bharatiya Nagarik Suraksha Sanhita, 2023. The petitioners contended they are the mother‑in‑law and brother‑in‑law of the deceased, have clean antecedents, are elderly or young, and pose no risk of absconding or tampering with evidence. The State opposed the bail. Considering the facts, the court found no likelihood of the petitioners fleeing or influencing the investigation and ordered their release on bail with a bond of Rs.10,000 and two sureties, subject to Section 482(2) of the B.N.S., 2023. The order effectively granted anticipatory bail to the petitioners.
Issues considered
- Whether the petitioners are entitled to anticipatory bail under the Bharatiya Nagarik Suraksha Sanhita, 2023 in view of the dowry‑death allegations.
- Whether there is a likelihood of the petitioners absconding or tampering with evidence.
- Whether the petitioners’ clean antecedent and personal circumstances justify the grant of bail.
Legislation cited
- Bharatiya Nagarik Suraksha Sanhita, 2023 — s. 103(1), 3(5), 482(2), 61(2), 80(2)
Subjects
- anticipatory bail
- dowry death
- murder
- Bharatiya Nagarik Suraksha Sanhita
- criminal procedure
- bail conditions
- clean antecedent
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.14656 of 2026
Arising Out of PS. Case No.-218 Year-2025 Thana- Gadhiya Bazar District- East Champaran
======================================================
1. Dhamanti Devi @ Dhanmanti Devi W/o Madan Sahani R/o Village-
Garahiya, P.S - Garahiya Bazar, District - East Champaran.
2. Bachulal Sahni @ Bachu Kumar S/o Madan Sahni R/o Village- Garahiya,
P.S - Garahiya Bazar, District - East Champaran.
... ... Petitioner/s
Versus
The State of Bihar.
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Alok Kumar Alok, Advocate.
For the Opposite Party/s : Mr. Harendra Prasad, A.P.P.
======================================================
CORAM: HONOURABLE MR. JUSTICE SUNIL DUTTA MISHRA
ORAL ORDER
2 12-03-2026 1. Heard learned counsel for the petitioners and
learned A.P.P. for the State.
2. Petitioners apprehend their arrest in connection
with Garahiya Bazar P.S. Case No.218 of 2025 instituted under
Sections 103(1), 80(2), 61(2), 3(5) of the B.N.S., 2023.
3. As per the prosecution case, sister of the informant
was married with co-accused Pachhu Lal Kumar in the year
2019 as per Hindu Rites and Rituals and from their wedlock
they have been blessed with three children. It is alleged that
accused persons including the petitioners demanded four
wheeler vehicle and cash of Rs.2 lakh as dowry and for non-
fulfillment of the same, they committed murder of the
Patna High Court CR. MISC. No.14656 of 2026(2) dt.12-03-2026
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informant’s sister.
4. Learned counsel for the petitioners submits that
petitioner no.1 is mother-in-law and petitioner no.2 is brother-
in-law of the deceased respectively who are innocent and have
been falsely implicated in this case. He further submits that the
allegation against the petitioners are general in nature and
husband of the deceased is already in judicial custody. Learned
counsel submits that the three minor children of deceased are
being looked after by the petitioner no.1. He further submits that
the deceased alongwith her husband and children were residing
separately from the petitioners. Learned counsel submits that
petitioner no.1 is aged about 60 years and petitioner no.2 is aged
about 18 years, they have got clean antecedent and they
undertake to cooperate in the investigation and trial of the case.
There is no chance of absconding the petitioners or tampering
with the evidence.
5. Learned A.P.P. for the State opposes the prayer for
anticipatory bail.
6. Considering the facts and circumstances of the
case, submissions of learned counsel for the parties and the
nature of allegation against the petitioners as well as their clean
antecedent, in the event of arrest or surrender before the Court
Patna High Court CR. MISC. No.14656 of 2026(2) dt.12-03-2026
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below within six weeks from today, the petitioners be released
on bail upon furnishing bail bonds of Rs.10,000/- (Rupees Ten
Thousand) each with two sureties of the like amount to each to
the satisfaction of the learned Judicial Magistrate, First Class,
East Champaran, Motihari/ concerned Court in connection with
Garahiya Bazar P.S. Case No.218 of 2025, subject to the
conditions laid down in Section 482(2) of the Bharatiya Nagarik
Suraksha Sanhita, 2023.
(Sunil Dutta Mishra, J)
Ritik/-
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