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Patna High Court

Ruby DeviversusThe State of Bihar

Decided
Disposal
BAIL GRANTED

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

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
Patna High Court CR. MISC. No.16335 of 2026(2) dt.25-03-2026
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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
Patna High Court CR. MISC. No.16335 of 2026(2) dt.25-03-2026
                                            3/4




          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,
              Patna High Court CR. MISC. No.16335 of 2026(2) dt.25-03-2026
                                                          4/4




                        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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