Patna High Court
Soniya DeviversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- AJIT KUMAR
Holding
The court granted anticipatory bail to the petitioners, finding that the allegations were general and based on a misconception.
Summary
The petitioners – Soniya Devi, Kanchan Kumari, Gita Devi and Subhash Yadav – applied for anticipatory bail after being implicated in a dowry‑related poisoning case (Chakki P.S. Case No. 90/2025) under Sections 123, 80 read with 3(5) of the Bharatiya Nyaya Sanhita, 2023. The prosecution alleged that they poisoned the informant’s daughter for dowry demands, while the petitioners claimed innocence, citing a lack of criminal antecedents and that the informant later admitted the allegations were made out of misconception. The Additional Public Prosecutor opposed the bail. The court noted the informant’s admission and the general, omnibus nature of the allegations, and therefore decided to grant anticipatory bail subject to conditions under Section 438(2) of the CrPC and Section 482(2) of the Bhartiya Nagarik Suraksha Sanhita. The bail order required a bond of Rs 10,000 with two sureties, appearance before the trial court, and prohibitions against tampering with evidence or committing further offences.
Issues considered
- Whether anticipatory bail should be granted to the petitioners under Section 438 CrPC/Section 482 BNS Sanhita in view of the dowry‑related poisoning allegations.
- Whether the informant’s admission of misconception and the general, omnibus nature of the accusation justify the grant of bail.
- What conditions may be imposed on anticipatory bail in such circumstances.
Legislation cited
- Bharatiya Nyaya Sanhita, 2023 — s. 123, 3(5), 80
- Bhartiya Nagarik Suraksha Sanhita — s. 482(2)
- Code of Criminal Procedure — s. 438(2)
Subjects
- anticipatory bail
- dowry death
- poisoning
- Bharatiya Nyaya Sanhita
- Section 438 CrPC
- Section 482 BNS
- general and omnibus allegation
- bail conditions
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.15263 of 2026
Arising Out of PS. Case No.-90 Year-2025 Thana- Chakki District- Buxar
======================================================
1. Soniya Devi W/o Sitaram Yadav R/o vill - Hemdapur, P.S.- Chakki, Distt.-
Buxar, Bihar
2. Kanchan Kumari D/o Subhash Yadav R/o vill - Hemdapur, P.S.- Chakki,
Distt.- Buxar, Bihar
3. Gita Devi W/o Subhash Yadav R/o vill - Hemdapur, P.S.- Chakki, Distt.-
Buxar, Bihar
4. Subhash Yadav S/o Sitaram Yadav R/o vill - Hemdapur, P.S.- Chakki, Distt.-
Buxar, Bihar
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Abhay Kumar Pandey, Advocate
For the Opposite Party/s : Mr. Ram Priya Sharan Singh, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE AJIT KUMAR
ORAL ORDER
3 29-04-2026 Heard the learned counsel for the petitioners and
learned Additional Public Prosecutor for the State.
2. The petitioners are apprehending their arrest in
connection with Chakki P.S. Case No. 90/2025 F.I.R dated
30.07.2025 registered for the offences punishable under
Sections 123, 80 read with Section 3(5) of the Bharatiya Nyaya
Sanhita, 2023.
3. According to prosecution case, the petitioners along
with the co-accused persons are said to have poisoned the
informant’s daughter due to non-fulfillment of demand of
Patna High Court CR. MISC. No.15263 of 2026(3) dt.29-04-2026
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dowry.
4. Learned counsel for the petitioners submits that the
petitioners are innocent and have falsely been implicated in this
case. There is general and omnibus allegation against the
petitioners who are grandmother-in-law, mother-in-law, sister-
in-law and father-in-law respectively. The husband of the
deceased, namely, Sanoj Yadav has been granted regular bail by
the Co-ordinate Bench of this Court vide order dated 01.04.2026
passed in Cr. Misc. No. 12510 of 2026. The petitioners have got
no criminal antecedent.
5. The informant, during the course of deposition of
the trial which is undertaken in respect of husband of the
deceased, has deposed that under misconception, such
allegations were levelled against the petitioners. Learned
counsel for the petitioners next submitted that the petitioners
would co-operate in the investigation and as also would make
them available for the trial, in case they are sent up by the
prosecution, and finding their complicity in the case and charge-
sheet are submitted against them.
6. Learned APP for the State opposes the prayer for
anticipatory bail application.
7. Considering the aforesaid facts and circumstances
Patna High Court CR. MISC. No.15263 of 2026(3) dt.29-04-2026
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that the informant in his deposition has accepted that allegations
were made because of misconception and further that there is
general and omnibus allegation against the petitioners,
accordingly, this Court is inclined to grant the privilege of
anticipatory bail to the petitioners.
8. 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/- (Ten Thousand)
with two sureties of the like amount each to the satisfaction of
the learned Judicial Magistrate Ist Class, Buxar in connection
with Chakki P.S. Case No. 90/2025 , subject to the conditions as
laid down under Section 438(2) of the Code of Criminal
Procedure / Section 482(2) of the Bhartiya Nagarik Suraksha
Sanhita and with other following conditions:-
(i) one of the bailors should be the family
member/relative/known of the petitioner(s) who shall provide
official document/personal affidavit to show his/her bona fide;
(ii) the petitioner(s) 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/their bail bond by the Trial Court itself;
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(iii) the petitioner(s) 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
cancellation of the bail bonds;
(iv) the petitioner(s) shall desist from committing any
criminal offence again, failing which the State shall be at liberty
to take steps for cancellation of their bail bonds.
(Ajit Kumar, J)
atul/-
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