Patna High Court
Gunjan KumariversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- ARUN KUMAR JHA
Holding
The court granted anticipatory bail to the petitioner subject to prescribed conditions.
Summary
Gunjan Kumari, the petitioner, feared arrest in a dowry‑death case (Bikram P.S. Case No. 223 of 2025) alleging sections 80, 238 and 3(5) of the B.N.S. The prosecution alleges that she, as the sister‑in‑law of the deceased, participated in demanding dowry and caused the death of the informant's daughter within seven years of marriage. The petitioner contended she had no specific allegation against her, possessed a clean antecedent, and highlighted that similarly situated co‑accused had already been granted anticipatory bail. The State and the informant opposed bail, asserting specific involvement in the dowry demand and disappearance of the dead body. Considering the facts, the court granted anticipatory bail to the petitioner, subject to a Rs.10,000 bond, two sureties, and conditions under Section 482(2) of the B.N.S.S., including personal appearance before the trial court.
Issues considered
- Whether the petitioner is entitled to anticipatory bail in the dowry‑death case.
- Whether the allegations against the petitioner justify denial of bail.
Legislation cited
Subjects
- dowry death
- anticipatory bail
- Section 80
- Section 238
- Section 3(5)
- Section 482
- criminal procedure
- bail conditions
- family dispute
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.21344 of 2026
Arising Out of PS. Case No.-223 Year-2025 Thana- BIKRAM District- Patna
======================================================
Gunjan Kumari W/o Amit Kumar Resident of Village- Udarchak, P.S.-
Bikram, District- Patna
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr.Satish Chandra, Advocate
For the State : Mr.Jharkhandi Upadhyay, APP
For the Informant : Mr. Bhaskar Shankar, Advocate
======================================================
CORAM: HONOURABLE MR. JUSTICE ARUN KUMAR JHA
ORAL ORDER
2 10-04-2026 Heard learned counsel for the petitioner and learned
APP for the State as well as learned counsel appearing on behalf
of the informant.
2. In the present case, the petitioner is
apprehending her arrest in connection with Bikram P.S. Case
No. 223 of 2025 registered for the offences under Sections 80,
238, 3(5) of B.N.S.
3. As per prosecution case, the daughter of the
informant was married with co-accused Dharmendra Kumar and
the petitioner is the wife of the brother of co-accused
Dharmendra Kumar and allegation against the petitioner and
other co-accused persons is of demand of dowry and causing
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death of the daughter of the informant within seven years of her
marriage.
4. Learned counsel for the petitioner submits that
the petitioner is innocent and has falsely been implicated in this
case. The petitioner is the sister-in-law of the deceased and there
is no specific allegation against the petitioner, who has no
concern with the deceased or her husband. The husband of the
deceased is in custody since 30.10.2025. Learned counsel
further submits that similarly placed co-accused Manoj Kumar,
Kapil Kumar and Ram Gee Kumar have been granted
anticipatory bail by learned Co-ordinate Benches vide orders
dated 08.01.2026 and 11.02.2026 passed in Cr. Misc. Nos.
81248 of 2025 and 81533 of 2025, respectively. The case of the
petitioner is on much better footing and the petitioner is having
clean antecedent.
5. Learned APP as well as learned counsel appearing
on behalf of the informant vehemently oppose the
submission made on behalf of the petitioner. Learned counsel
for the informant submits that the daughter of the informant died
in her matrimonial home within seven years of marriage
and there is specific allegation against by the petitioner
and other co-accused persons for causing her death on account
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of demand of dowry. Learned counsel further submits
that the accused persons have also made the dead body
disappeared.
6. Having regard to the facts and circumstances and
submissions made on behalf of the parties and considering the
fact that the petitioner is stated to be the sister-in-law of the
deceased and further considering the grant of anticipatory bail to
the similarly placed co-accused persons, let the petitioners
above named, in the event of her arrest or surrender before the
court concerned within a period of eight weeks from today,
be released on bail, on furnishing bail bonds of
Rs.10,000/- (Rupees Ten Thousand Only) with two
sureties of the like amount each to the satisfaction of
learned Additional Chief Judicial Magistrate-VI,
Danapur, Patna/concerned court in connection with Bikram P.S.
Case No. 223 of 2025, subject to the condition as laid down
under Section 482(2) of the B.N.S.S. and other following
conditions :
(i) One of the bailors will be a close
relative of the petitioner.
(ii) The petitioner will remain present
on each and every date fixed by the
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court below, if so required by the
learned trial court.
(Arun Kumar Jha, J)
DKS/-
U T
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