Patna High Court
Dhuriya Devi @ Dhuro DeviversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- ANIL KUMAR SINHA
Holding
The court granted anticipatory bail to the petitioners.
Summary
The petitioners, three women related to the deceased Nitu Kumari, applied for anticipatory bail in a case alleging they killed the deceased over dowry demands. The FIR alleged that after the marriage, the family demanded dowry and, upon non‑fulfilment, the petitioners tortured and eventually killed Nitu Kumari by pressing her neck. The petitioners contended that they are sister‑in‑law and nanad, residing separately from the matrimonial home, and that the allegations against them are vague and omnibus. The court noted that the accusations were general and that the petitioners were not directly involved in the family affairs. Considering these facts, the court exercised its power under Section 482(2) of the Bhartiya Nagrik Suraksha Sanhita and granted anticipatory bail, subject to conditions. The order directed that if arrested within four weeks, each petitioner be released on bail upon furnishing a bond of Rs 10,000 with two sureties.
Issues considered
- Whether the petitioners are entitled to anticipatory bail under Sections 80(2) and 80(3)(5) of the Bhartiya Nyaya Sanhita
- Whether the allegations against the petitioners are sufficient to deny anticipatory bail
- Whether the court can exercise its inherent powers under Section 482(2) of the Bhartiya Nagrik Suraksha Sanhita to grant anticipatory bail
Legislation cited
- Bhartiya Nagrik Suraksha Sanhita, 2023 — s. 482(2)
- Bhartiya Nyaya Sanhita — s. 80(2), 80(3)(5)
Subjects
- anticipatory bail
- dowry death
- murder
- Bhartiya Nyaya Sanhita
- Bhartiya Nagrik Suraksha Sanhita
- Section 80
- Section 482
- criminal procedure
- family dispute
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.18563 of 2026
Arising Out of PS. Case No.-320 Year-2025 Thana- ALAMNAGAR District- Madhepura
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1. Dhuriya Devi @ Dhuro Devi W/o Manohar Sharma R/o vill - Farsahi Maha
Basa, ward no. 12, P.S.- Alamnagar, Distt.- Madhepura
2. Guddi Devi W/o Akhilesh Sharma @ Shulo Sharma R/o vill - Farsahi Maha
Basa, ward no. 12, P.S.- Alamnagar, Distt.- Madhepura
3. Arti Devi W/o Sumit Sharma, D/o Bisho Sharma R/o vill - Farsahi Maha
Basa, ward no. 12, P.S.- Alamnagar, Distt.- Madhepura
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
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Appearance :
For the Petitioner/s : Mr. Dinesh Prasad Verma
For the Opposite Party/s : Dr. Indiwar Kumari
======================================================
CORAM: HONOURABLE MR. JUSTICE ANIL KUMAR SINHA
ORAL ORDER
2 08-04-2026 1. Heard learned counsel for the petitioners and learned
Additional Public Prosecutor for the State.
2. This application, for grant of anticipatory bail, arises out
of Alamnagar Police Station Case No. 320 of 2025, dated
27.10.2025, disclosing offences under Sections 80(2)/3(5)
of the Bhartiya Nyaya Sanhita.
3. The prosecution case, as per the First Information Report,
is that marriage of the informant’s sister was solemnized
with co-accused Ramesh Kumar Sharma in the year 2021.
After marriage, the family members of deceased’s
matrimonial home started demanding dowry and due to
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non-fulfillment of demand, the accused persons tortured
the deceased mentally and physically. On 26.10.2025,
informant received information that her sister, namely,
Nitu Kumari, has been killed by the petitioners and others
in her matrimonial home by pressing her neck.
4. Learned counsel for the petitioners submits that petitioner
nos. 1 and 2 are sister-in-law (gotni) of the deceased and
have been residing separately from matrimonial home of
the deceased, in support of the same, ration card of
petitioner no. 2 has been annexed at Annexure-2 to the
application. He next submits that petitioner no. 3 is
married nanad and has been residing in her matrimonial
home with her husband. The petitioners are not concern
with the family affairs of deceased and her husband and
allegation against them are general and omnibus in
nature. He further submits that entire family members
have been made accused by the informant in the present
case. The mother-in-law of deceased has been granted
regular by this Hon’ble Court in Cr. Misc. No. 19368 of
2026 and deceased’s husband is in custody.
5. Regards being had to the submissions made on behalf of
the parties and taking into consideration the fact that
Patna High Court CR. MISC. No.18563 of 2026(2) dt.08-04-2026
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allegations against the petitioners are general and
omnibus in nature and they have been residing separately
from matrimonial home of the deceased, I am inclined to
grant the petitioners privilege of anticipatory bail.
6. This application is, accordingly, allowed.
7. Let the petitioners, above named, in the event of their
arrest or surrender before the Court below within four
weeks, be released on bail on furnishing bail bond of Rs.
10,000/- (Ten Thousand) each with two sureties of the
like amount each to the satisfaction of Chief Judicial
Magistrate, Madhepura, in connection with Alamnagar
Police Station Case No. 320 of 2025, subject to the
condition laid down under Section 482 (2) of the Bhartiya
Nagrik Suraksha Sanhita, 2023.
(Anil Kumar Sinha, J)
ashwani/-
U T
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