Created by Fuzzy Cloud

Patna High Court

Gunjan KumariversusThe State of Bihar

Decided
Disposal
BAIL GRANTED

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
Patna High Court CR. MISC. No.21344 of 2026(2) dt.10-04-2026
                                            2/4




          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
Patna High Court CR. MISC. No.21344 of 2026(2) dt.10-04-2026
                                             3/4




          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
            Patna High Court CR. MISC. No.21344 of 2026(2) dt.10-04-2026
                                                        4/4




                                                      court below, if so required by the

                                                      learned trial court.



                                                (Arun Kumar Jha, J)
    DKS/-

U       T


Continue reading with your account

Sign in to read the full judgment. It’s free.

Sign in to read

Checking your session…

For a signed copy suitable for filing, refer to the court's website.