Patna High Court
Parwati Devi @ Prawati DeviversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- PRABHAT KUMAR SINGH
Holding
The court held that, given the vague and omnibus nature of the allegations and the petitioner’s clean record, anticipatory bail under Section 482(2) of the B.N.S.S. is warranted.
Summary
Petitioner Parwati Devi, the mother‑in‑law of a deceased woman, sought anticipatory bail after being implicated in a dowry‑death case registered under Sections 80 and 3(5) of the B.N.S. The prosecution, based on an informant’s allegation, claimed that the petitioner and other accused tortured the victim for dowry, leading to her murder. The petitioner contended she had no involvement, was separate in property, and that the accusation against her was vague, lacking any specific overt act, with the deceased having apparently committed suicide. The State and the informant opposed the bail, arguing the seriousness of the offence. The court examined the general and omnibus nature of the charge, the petitioner’s clean antecedents, and the absence of direct evidence, and consequently granted anticipatory bail. The bail was conditioned on a bond of Rs 10,000 with two sureties and was subject to Section 482(2) of the B.N.S.S., to remain effective for eight weeks from the order date.
Issues considered
- Whether anticipatory bail should be granted to the petitioner under Section 482(2) of the B.N.S.S. in view of the general nature of the accusation and lack of specific evidence.
Legislation cited
Subjects
- dowry death
- anticipatory bail
- Section 482
- general and omnibus accusation
- clean antecedents
- bail bond
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.19973 of 2026
Arising Out of PS. Case No.-119 Year-2025 Thana- KOTHI District- Gaya
======================================================
Parwati Devi @ Prawati Devi W/o- Ashish Mistri @ Ashish Bharti R/v-
Baghauta (Basdiha) Ps- Dumariya Dist- Gayaji
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner : Mr. Shailesh Kumar Singh, Advocate
For the State : Mr. Upendra Kumar, APP
For the Informant : Mr. Saurabh Sinha, Advocate
======================================================
CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH
ORAL ORDER
2 08-04-2026 Heard learned counsel appearing on behalf of the
petitioner, learned APP appearing on behalf of the State and
learned counsel appearing on behalf of the informant.
2. The petitioner apprehends her arrest in a case
registered for the offence punishable under Sections 80 and 3(5)
of the B.N.S..
3. It is a case of dowry death. As per prosecution case,
informant alleged that marriage his granddaughter was
solemnized with co-accused Pankaj Kumar in May, 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
Patna High Court CR. MISC. No.19973 of 2026(2) dt.08-04-2026
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murder of the victim.
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 mother-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. Petitioner is a lady and claims clean
antecedents.
5. Learned A.P.P. for the State and learned counsel for
the informant have 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
Patna High Court CR. MISC. No.19973 of 2026(2) dt.08-04-2026
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a period of eight weeks from today, let the above named
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 A.C.J.M., Sherghati, Gayaji in
connection with Kothi P.S. Case No. 119 of 2025, 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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