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Patna High Court

Soniya DeviversusThe State of Bihar

Decided
Disposal
BAIL GRANTED

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

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
                                            2/4




          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
                                            3/4




          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;
             Patna High Court CR. MISC. No.15263 of 2026(3) dt.29-04-2026
                                                         4/4




                                    (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/-

U        T


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