Patna High Court
Rambha DeviversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- PRABHAT KUMAR SINGH
Holding
Anticipatory bail was granted to the petitioner.
Summary
Rambha Devi, the petitioner, sought anticipatory bail fearing arrest in a dowry death case registered under Sections 304B and 34 of the IPC. The prosecution alleged that she, along with other accused, tortured the victim for dowry and participated in her murder, though the deceased allegedly committed suicide. The petitioner contended she was innocent, merely the sister‑in‑law of the deceased, had no involvement in the alleged dowry demand, and that the informant was not an eye‑witness. The State opposed the bail, but the court noted the general and omnibus nature of the accusations, the petitioner’s clean antecedents, and the lack of specific overt acts against her. Consequently, the court granted anticipatory bail, directing that if arrested within eight weeks she be released on a bail bond of Rs.10,000 with two sureties, subject to conditions under Section 482(2) of the B.N.S.S.
Issues considered
- Whether anticipatory bail should be granted to the petitioner in a dowry death case under Sections 304B and 34 IPC.
- Whether the allegations against the petitioner are sufficient to deny bail.
Legislation cited
- B.N.S.S. — s. 482(2)
- Indian Penal Code — s. 304B, 34
Subjects
- dowry death
- anticipatory bail
- Section 304B IPC
- Section 34 IPC
- bail bond
- clean antecedents
- criminal procedure
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.1834 of 2026
Arising Out of PS. Case No.-130 Year-2023 Thana- MOTIHARI MUFASIL District- East
Champaran
======================================================
Rambha Devi S/o Ranjay Manjhi Resident of Village- Basman, P.S.- Muffasil,
Dist.- East Champaran
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner : Mr. Adarsh Ranjan, Advocate
For the State : Ms. Suman Kumari Singh, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH
ORAL ORDER
3 09-04-2026 Heard learned counsel appearing on behalf of the
petitioner and learned A.P.P. appearing on behalf of the State.
2. The petitioner apprehends her arrest in a case
registered for the offence punishable under Sections 304B and
34 of the Indian Penal Code.
3. It is a case of dowry death. As per prosecution case,
informant alleged that marriage of his daughter was solemnized
with co-accused Punnu Singh in the year 2022 as per Hindu
rites and rituals and thereafter, all the F.I.R. named accused
persons, including this petitioner, committed torture and
harassment with the victim due to non-fulfillment of demand of
dowry and subsequently, all the accused persons committed
murder of the victim.
Patna High Court CR. MISC. No.1834 of 2026(3) dt.09-04-2026
2/3
4. It is submitted by learned counsel appearing on
behalf of the petitioner that petitioner is quite innocent and has
committed no offence. Petitioner has falsely been implicated in
this case merely because she happens to be married sister-in-law
of the deceased. Petitioner is separate in mess and property and
has got no concern with the affairs of the deceased and her
husband. Informant is not an eye witness of the alleged
occurrence. Allegation of demand of dowry is general and
omnibus and no specific accusation of overt act has been alleged
against this petitioner. As a matter of fact, the deceased
committed suicide. Thrust of accusation is against husband of
deceased who is already in custody since 21.02.2026. Petitioner
is a lady and claims clean antecedents.
5. Learned A.P.P. for the State has vehemently
opposed the prayer for grant of anticipatory bail to the
petitioner.
6. Considering the facts and circumstances of the
case, general and omnibus nature of accusation and clean
antecedents of the petitioner, the prayer for grant of anticipatory
bail to the petitioner is allowed.
7. Accordingly, in the event of arrest/surrender within
a period of eight weeks from today, let the above named
Patna High Court CR. MISC. No.1834 of 2026(3) dt.09-04-2026
3/3
petitioner be enlarged on bail on furnishing bail-bond of Rs.
10,000/- (ten thousand) with two sureties of the like amount
each to the satisfaction of learned C.J.M., Motihari, East
Champaran in connection with Muffasil Motihari P.S. Case No.
130 of 2023, subject to condition as laid down under Section
482(2) of the B.N.S.S..
(Prabhat Kumar Singh, J)
shashank/-
U T
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