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Patna High Court

Kunti DeviversusThe State of Bihar

Decided
Disposal
DISPOSED

Holding

Anticipatory bail was granted to petitioner No. 1, Kunti Devi, while the bail applications of petitioners No. 2, 3 and 4 were dismissed.

Summary

The petitioners, four relatives of a deceased woman, sought anticipatory bail after an FIR was lodged under Sections 80 and 3(5) of the Bhartiya Nyaya Sanhita, 2023 and Sections 3 and 4 of the Dowry Prohibition Act, alleging their involvement in the woman's death. The petitioners argued that the death was a suicide caused by the ill health of the deceased's son and that they had tried to save her, contending the allegations were fabricated. The State opposed bail, citing diary entries and a statement from the mute husband implicating family members. The Court, considering the advanced age and gender of petitioner No. 1 (Kunti Devi), granted her anticipatory bail subject to a bond and conditions, but rejected the bail applications of petitioners No. 2, 3 and 4. The order reflects a partial grant of bail based on humanitarian considerations while denying it to the other accused.

Issues considered

  • Whether anticipatory bail can be granted to petitioner No. 1 under Section 2(1)(d) of the BNS, 2023 and Section 482(2) in view of the allegations under Sections 80 and 3(5) of the BNS and Sections 3 and 4 of the Dowry Prohibition Act.
  • Whether bail should be denied to petitioners No. 2, 3 and 4 based on the material in the case diary and the husband's alleged statements.
  • Interpretation of the applicability of Sections 80, 3(5) of the BNS, 2023 and Sections 3, 4 of the Dowry Prohibition Act to a death claimed to be suicide.

Legislation cited

Subjects

  • anticipatory bail
  • suicide
  • dowry death
  • Bharatiya Nyaya Sanhita
  • Dowry Prohibition Act
  • bail denial
  • elderly woman
  • gender considerations

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.16421 of 2026
                     Arising Out of PS. Case No.-215 Year-2025 Thana- RAGHOPUR District- Vaishali
                 ======================================================
           1.     Kunti Devi W/o- Chandeshwar Ray Village- Mohanpur PS-Raghopur
                  District- Vaishali
           2.    Mithlesh Kumar S/o- Chandeshwar Ray Village- Mohanpur PS-Raghopur
                 District- Vaishali
           3.    Vinod Kumar @ Vinod Ray S/o- Chandeshwar Ray Village- Mohanpur PS-
                 Raghopur District- Vaishali
           4.    Akhilesh Kumar @ Alkesh Ray S/o- Chandeshwar Ray Village- Mohanpur
                 PS-Raghopur District- Vaishali

                                                                                  ... ... Petitioner/s
                                                       Versus
                 The State of Bihar
                                                        ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :       Mrs. Bela Singh, Advocate
                 For the Opposite Party/s :       Mr. Anish Chandra, APP
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE DR. ANSHUMAN
                                       ORAL ORDER

4   17-06-2026                    Heard learned counsel for the petitioners and learned

                   APP for the State.

                                2. The petitioners are apprehending arrest in

                   connection with Raghopur P.S. Case No. 215 of 2025, dated

                   05.08.2025, lodged under Sections 80 & 3(5) of the Bhartiya

                   Nyaya Sanhita, 2023 (hereinafter referred to as “BNS, 2023”)

                   and Sections 3 & 4 of the Dowry Prohibition Act.

                                3. As per the prosecution, FIR has been lodged against

                   five accused persons, including the present petitioners, alleging

                   that the death of the informant's daughter was caused at the

                   instance of the accused persons.
Patna High Court CR. MISC. No.16421 of 2026(4) dt.17-06-2026
                                            2/3




                       4. Learned counsel for the petitioners submits that the

          petitioners are innocent and have committed no offence.

          Counsel further submits that the entire allegation is false and

          fabricated. Counsel further submits that the case diary has been

          called for, and it transpires therefrom that the son of the

          deceased was ill and, owing to the condition of her son, she

          became frustrated and committed suicide. Counsel submits that

          the petitioners are the in-laws of the deceased. Counsel further

          submits that they are innocent and had tried their level best to

          save the deceased. They admitted the deceased to the hospital,

          where she died after five days of treatment. This aspect may be

          taken into consideration. Counsel further submits that the

          present case has been lodged against the petitioners with mala

          fide intention and ulterior motive. Counsel submits that the

          criminal antecedents of the petitioners are clean, except for

          petitioner no. 4, against whom one criminal case is pending.

          Counsel also submits that petitioner no. 1 is a female aged about

          71 years and it was petitioner no. 2 who had brought the

          deceased to the hospital.

                       5. Learned APP for the State, on the other hand,

          opposes the prayer for bail and submits that the case diary has

          been called for and paragraphs 26 and 27 of the case diary
         Patna High Court CR. MISC. No.16421 of 2026(4) dt.17-06-2026
                                                     3/3




                   contain material against the present petitioners. Counsel also

                   submits that the husband of the deceased is mute and was not in

                   a position to speak, however, through gestures and expressions,

                   he disclosed that the family members were involved in the death

                   of his wife.

                                6. Considering the old age of petitioner no. 1 and the

                   fact that she is a woman, let petitioner no. 1, namely, Kunti

                   Devi, be released on anticipatory bail, in the event of arrest or

                   surrender before the Trial Court within a period of 4 weeks from

                   today, on furnishing bail bond of Rs.30,000/- (Rupees Thirty

                   Thousand) as mentioned in Section 2(1)(d) of the BNSS, 2023

                   to the satisfaction of Additional Chief Judicial Magistrate-XV,

                   Vaishali at Hajipur in connection with Raghopur P.S. Case No.

                   215 of 2025, subject to the conditions as laid down U/s 482(2)

                   of the BNSS, 2023.

                                7. So far as the bail applications of petitioner nos. 2, 3

                   and 4, namely, Mithlesh Kumar, Vinod Kumar @ Vinod Ray,

                   and Akhilesh Kumar @ Alkesh Ray, are concerned, their bail

                   applications are hereby rejected.



                                                                        (Dr. Anshuman, J.)
Aman Kumar/-
U     T


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