Patna High Court
Sukumari Devi @ Lalmuni DeviversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- JITENDRA KUMAR
Holding
The High Court granted bail to the petitioners, subject to bond and conditions, under its inherent powers under Section 482(2) of the B.N.S.S. 2023.
Summary
The petitioners, Sukumari Devi and Pinki Kumari, sought bail fearing arrest in a dowry‑death case (PS 739 of 2024) under Sections 80(2) and 3(5) of the B.N.S. 2023. They alleged innocence, claiming the case was filed on doubtful grounds and that the main accused, Govind Ram, had already been acquitted for lack of evidence. The State opposed the bail. The High Court noted the acquittal of the principal accused and, applying its inherent powers under Section 482(2) of the B.N.S.S. 2023, ordered that bail be granted if the petitioners are arrested or surrender, subject to a Rs 10,000 bond and conditions regarding undisclosed criminal antecedents. The order also stipulated cancellation of bail if any false statements or hidden criminal history are discovered. Consequently, the petition was allowed and bail directions were issued.
Issues considered
- Whether bail should be granted to the petitioners in a dowry‑death case under the inherent powers of the High Court despite the pending investigation.
- Whether the acquittal of the main accused influences the grant of bail to co‑accused.
Legislation cited
- B.N.S., 2023 — s. 3(5), 482(2), 80(2)
Subjects
- bail
- dowry death
- Section 80
- Section 3
- Section 482
- inherent powers
- acquittal
- criminal procedure
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.16344 of 2026
Arising Out of PS. Case No.-739 Year-2024 Thana- CHAPRA MUFFASIL District- Saran
======================================================
1. Sukumari Devi @ Lalmuni Devi, Wife of Nagendra Ram, Resident of
Village- Ramnagar Dhala, P.S- Muffasil Saran, Dist -Saran
2. Pinki Kumari, Daughter of Nagendra Ram, Resident of Village- Ramnagar
Dhala, P.S.- Muffasil Saran, Dist -Saran
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Indrajesh Kumar, Advocate.
For the State : Mr. Sanjay Kumar Tiwary, 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
Muffasil PS. Case No. 739 of 2024 dated 26.12.2024, registered
for the offences punishable under Sections 80(2) and 3(5)
B.N.S. 2023.
3. As per allegation, the petitioners along with other
co-accused have committed dowry death of Nandini Kumari,
daughter of the informant by administering poison within seven
years of marriage.
4. Learned counsel for the petitioners however,
Patna High Court CR. MISC. No.16344 of 2026(2) dt.25-03-2026
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submits that the Petitioners are innocent and have falsely been
implicated in this case. He further submits that only on the basis
of doubt the case was lodged by mother of the deceased. She
has died natural death. He also submits that trial of co-accused
Govind Ram who was husband of the deceased has already
resulted into acquittal for want of any evidence in support of the
prosecution case.
5. It is also stated in paragraph no. 2 of the bail
petition that the petitioners have not moved this Court 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. In view of the fact that main accused Govind Ram,
husband of the deceased was acquitted for want of any evidence
in support of the prosecution case, 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
Patna High Court CR. MISC. No.16344 of 2026(2) dt.25-03-2026
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sureties of the like amount each to the satisfaction of learned
concerned court below, in connection with Muffasil P.S. Case
No. 739 of 2024, 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, 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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