Patna High Court
Suchika Devi @ Sachita DeviversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- SATYAVRAT VERMA
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
- Bharatiya Nagarik Suraksha Sanhita, 2023 — s. 482(2)
- BNS Act — s. 103, 3(5), 80
- Code of Criminal Procedure — s. 438(2)
- Dowry Prohibition Act — s. ¾
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
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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
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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/-
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