Created by Fuzzy Cloud

Patna High Court

Suchika Devi @ Sachita DeviversusThe State of Bihar

Decided
Disposal
BAIL GRANTED

Holding

The court granted anticipatory bail to the petitioner subject to a bail bond, sureties and the conditions prescribed under the relevant statutes.

Summary

The petitioner, Suchika Devi, sought anticipatory bail fearing arrest in a case registered under Sections 103, 80, 3(5) of the BNS Act and Section ¾ of the Dowry Prohibition Act, alleging she was falsely implicated in a dowry‑related murder. The informant claimed that after a dowry demand for a Scorpio vehicle, the victim was tortured and eventually killed, and that the petitioner, a cousin‑mother‑in‑law of the deceased, was involved. The petitioner argued she has a clean record, the informant is not an eyewitness, and the allegations are vague and omnibus, asserting she would cooperate with the investigation if bail is granted. The State opposed the anticipatory bail. After hearing both sides, the court ordered that the petitioner be granted anticipatory bail upon furnishing a bail bond of Rs.10,000 with two sureties, subject to conditions under Section 438(2) of the CrPC and Section 482(2) of the Bharatiya Nagarik Suraksha Sanhita, 2023.

Issues considered

  • Whether anticipatory bail should be granted to the petitioner under Section 438 of the CrPC and Section 482(2) of the Bharatiya Nagarik Suraksha Sanhita, 2023 in view of the allegations under the BNS Act and Dowry Prohibition Act.

Legislation cited

Subjects

  • anticipatory bail
  • dowry prohibition
  • murder
  • criminal procedure
  • bail conditions
  • false implication

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.18330 of 2026
                         Arising Out of PS. Case No.-54 Year-2025 Thana- Lokha District- Supaul
                 ======================================================
                 Suchika Devi @ Sachita Devi wife of Phulendra yadav Resident of Village-
                 Kajra (Mohania) Ward No. 12, P.S. Lokaha, District- Supaul

                                                                                    ... ... Petitioner/s
                                                        Versus
                 The State of Bihar bihar

                                                        ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :        Mr.Patla Kumari
                 For the Opposite Party/s :        Mr.Anand Kishore Choudhary
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA
                                       ORAL ORDER

3   12-05-2026                    Heard learned counsel for the petitioner and learned

                   A.P.P. for the State.

                                2. Petitioner apprehends his arrest in a case registered

                   for the offence punishable under Sections 103, 80, 3(5) of BNS

                   and Section ¾ of Dowry Prohibition Act.

                                3. Learned counsel for the petitioner submits that the

                   petitioner is a person with clean antecedent and the informant

                   alleges that her sister was married to Kumod Kumar in the year

                   2021, after marriage, accused persons were demanding Scorpio

                   vehicle and on account of non-fulfillment of the demand, the

                   victim was tortured, further the issue was pacified, but again

                   tortures started, it is next alleged that on 19.06.2025, the

                   accused persons killed the deceased and the informant received

                   the information about the death, accordingly, the informant
Patna High Court CR. MISC. No.18330 of 2026(3) dt.12-05-2026
                                            2/3




          reached the place of occurrence and saw the dead body of the

          victim lying on the fires. Accordingly, the police was informed

          and the dead body was sent to post-mortem

                       4. Learned counsel for the petitioner submits that the

          petitioner is innocent and has falsely been implicated in the

          instant case by the informant, it is next submitted that from

          perusal of the allegation as alleged in the F.I.R., it would

          manifest that allegation of demand of dowry and torture is

          general and omnibus in nature, it is further submitted informant

          is not an eye witness to the occurrence and the entire allegation

          hinges around suspicion, it is next submitted that as the

          petitioner being involved in the occurrence along with other

          accused person, in that event, the efforts would have been made

          to dispose of the dead body to conceal of the evidence but then

          the petitioner was not even aware that occurrence of the nature

          as alleged has taken place, it is further submitted that petitioner

          is cousin mother-in-law of the deceased and resides separately

          but when occurrence of the nature as alleged takes place on

          account of dispute in the family, the entire family members

          including distant relative are implicated in a mechanical manner

          with general and omnibus allegation, it is also submitted that if

          privilege of anticipatory bail is granted to the petitioner, the
            Patna High Court CR. MISC. No.18330 of 2026(3) dt.12-05-2026
                                                        3/3




                      petitioner will not abscond rather will cooperate in the

                      investigation to prove his innocence.

                                   5. Learned A.P.P. for the State opposes the prayer for

                      anticipatory bail of the petitioner.

                                   6. After hearing the learned counsel for the parties, let

                      the petitioner, as named above, in the event of his arrest or

                      surrender within four weeks from today, be enlarged on bail on

                      furnishing bail bond of Rs.10,000/-(Rupees Ten Thousand) with

                      two sureties of the like amount each to the satisfaction of the

                      learned Judicial Magistrate-Ist Class, Supual, in connection with

                      Lokaha P.S. Case No. 54 of 2025, subject to the conditions laid

                      down under section 438(2) of the Code of Criminal

                      Procedure/Section 482(2) of the Bharatiya Nagarik Suraksha

                      Sanhita, 2023.



                                                                       (Satyavrat Verma, J)
sanjeev/-

U       T


Continue reading with your account

Sign in to read the full judgment. It’s free.

Sign in to read

Checking your session…

Lawyer court records for this case

Associated through the court’s case reference.

For a signed copy suitable for filing, refer to the court's website.