Patna High Court
Ruby DeviversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- JITENDRA KUMAR
Holding
The court allowed the bail petition, directing that bail be granted upon surrender with bond and sureties, subject to conditions under Section 482 of the CrPC.
Summary
The petitioners, three women related to the deceased, filed a bail petition after being implicated in a dowry death case (Madhaoura P.S. Case No. 342 of 2025) under Sections 80(2), 238(b) and 3(5) of the Bharatiya Nyaya Sanhita, 2023, corresponding to IPC Sections 304(b), 201 and 34. They contended that the alleged offence occurred more than seven years after the marriage, which they argued negates the applicability of the dowry death provision, and asserted that they have no prior criminal record and had not previously applied for bail. The State opposed the bail, maintaining the seriousness of the charges. The court examined the factual allegations, the statutory framework, and the absence of any disclosed criminal antecedents, and concluded that bail could be granted subject to strict conditions. Accordingly, the court ordered that the petitioners be released on bail upon surrender, with a bond of Rs.10,000 and two sureties each, and imposed conditions for cancellation if criminal antecedents or false statements were discovered.
Issues considered
- Whether bail can be granted to the accused in a dowry death case under the Bharatiya Nyaya Sanhita and IPC.
- Whether the lapse of more than seven years since marriage bars the application of the dowry death provision.
- Whether the petitioners' lack of prior criminal antecedents and absence of earlier bail applications justify bail.
Legislation cited
- Bharatiya Nyaya Sanhita, 2023 — s. 238(b), 3(5), 80(2)
- Code of Criminal Procedure, 1973 — s. 482(2)
- Indian Penal Code — s. 201, 304(b), 34
Subjects
- bail
- dowry death
- anticipatory bail
- Bharatiya Nyaya Sanhita
- IPC
- Section 482
- criminal antecedent
- marriage duration
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.16335 of 2026
Arising Out of PS. Case No.-342 Year-2025 Thana- MADHAURAH District- Saran
======================================================
1. Ruby Devi, Wife of Shailesh Manjhi, Resident of Village - Jagdishpur, P.S. -
Madhaoura, Dist. - Saran at Chapra.
2. Soni Devi, Wife of Dhurendra Manjhi, Resident of Village - Jalalpur, P.S. -
Jalalpur, Dist. - Saran at Chapra.
3. Mani Devi, Wife of Dharmendra Manjhi, R/o Village - Tujarpur, P.S. -
Khaira, Dist. - Saran at Chapra.
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Radha Mohan Singh, Advocate.
For the State : Mr. Amitesh Kumar, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE JITENDRA KUMAR
ORAL ORDER
2 25-03-2026 Heard learned counsel for the petitioners and
learned APP for the State.
2. The present petition has been filed on behalf of
the petitioners, apprehending their arrest, in connection with
Madhaoura P.S. Case No. 342 of 2025 dated 23.05.2025
registered for the offences punishable under Sections 80(2),
238(b) and 3(5) of Bharatiya Nyaya Sanhita, 2023
corresponding to Sections 304(b), 201 and 34 of the Indian
Penal Code.
3. As per allegation, the petitioners and other co-
accused persons have committed dowry death of one Nilu
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Kumari, 28 years, daughter of the informant. As per further
allegation, the informant got information on 23.05.2025 that
his daughter is dead and when he reached the matrimonial
house of his daughter, he came to know that she has been
cremated. She has strong belief that for dowry the accused
persons including the petitioners have committed dowry
death.
4. Learned counsel for the petitioners submits that
the Petitioners are innocent and have falsely been
implicated in this case. He further submits that as per
allegation, this is not a dowry death because as per the FIR,
marriage was solemnized in the month of May 2018 and the
alleged offence has been committed on 23rd May, 2025 i.e.
beyond seven years of marriage. He further submits that
petitioner No. 1 is wife of brother of the husband and other
two petitioners are married sisters-in-law of the deceased
living at different villages. He also submits that even the
petitioner No. 1 is separate in mess and business with the
husband of the deceased.
5. It is also stated in paragraph no. 2 of the bail
petition that the petitioners have not moved this Court
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earlier either for anticipatory bail or regular one in the
instant case.
6. It has further been stated in paragraph no.3 of
the petition that the petitioners have no criminal
antecedents.
7. Learned APP for the State vehemently opposes
the prayer of the Petitioner for bail.
8. Considering the aforesaid facts and
circumstances, this petition is allowed, directing the
petitioners above-named, to be enlarged on bail, in the
event of their arrest or surrender before the court below
within a period of eight weeks from the date of receipt /
production of a copy of this order, on their furnishing bail
bonds in the sum of Rs.10,000 /- (Ten Thousand) each with
two sureties of the like amount each to the satisfaction of
learned concerned court below, in connection with
Madhaoura P.S. Case No. 342 of 2025 subject to the
conditions as laid down under Section 482 (2) B.N.S.S.,
2023 and on the following conditions:
(i) In case, it is brought to the notice of the court
below that the petitioners have any criminal antecedent,
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learned court below shall cancel the bail bonds of the
petitioners after hearing them and getting satisfied that the
petitioners have concealed their criminal antecedents
despite their knowledge of the same.
(ii) In case, it is brought to the notice of the court
below that statement regarding previous bail petition is
wrong, learned court below shall cancel the bail bonds of
the petitioners.
(Jitendra Kumar, J)
S.Ali/-
U T
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