Patna High Court

Vibha Devi @ Bibha DeviversusThe State of Bihar

Decided: 8 April 2026
Disposal: BAIL GRANTED
Bench: ANSHUMAN

Holding

The petitioner is entitled to anticipatory bail under Section 2(1)(d) of the BNSS, 2023, subject to the conditions imposed under Section 482(2).

Summary

Vibha Devi, the petitioner, sought anticipatory bail after being named in a FIR (Banma Itahari P.S. Case No.78 of 2025) alleging her involvement in a dowry‑related assault and death of an informant's daughter under Section 80 of the BNSS, 2023. The prosecution alleged that six accused, including the petitioner, threatened the victim and participated in her assault and hanging. The petitioner’s counsel argued that she is innocent, has a clean criminal record, lives separately from her son‑in‑law who is already in custody, and that the allegations are politically motivated. The State opposed bail, emphasizing the seriousness of the offence and the custody of the son‑in‑law. The Court considered the petition under Section 2(1)(d) of the BNSS, 2023 and the inherent powers under Section 482(2) of the same Act, finding no compelling reason to deny bail. Accordingly, the Court granted anticipatory bail subject to a bond of Rs.30,000 and conditions prescribed by the Judicial Magistrate.

Issues considered

Whether the petitioner is entitled to anticipatory bail under Section 2(1)(d) of the BNSS, 2023 in view of the allegations under Section 80.
Whether the presence of a co‑accused already in custody warrants denial of bail.

Legislation cited

BNSS, 2023 — s. 2(1)(d), 482(2)

Subjects

anticipatory bail
dowry death
Section 80
BNSS 2023
Section 482
high court
criminal procedure

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.21908 of 2026
                      Arising Out of PS. Case No.-78 Year-2025 Thana- Banma Itahari District- Saharsa
                 ======================================================
                 Vibha Devi @ Bibha Devi Wife of Vijay Thakur R/o Village - Pahlam, P.S. -
                 Banma Itahari, Dist. - Saharsa.

                                                                                      ... ... Petitioner/s
                                                         Versus
                 The State of Bihar

                                                        ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :         Mr.Amarnath Jha, Adv.
                 For the Opposite Party/s :         Mr.Pawan Kumar Chaurasia, APP
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE DR. ANSHUMAN
                                       ORAL ORDER

2   08-04-2026                      Heard Learned Counsel for the petitioner and

                   Learned APP for the State.

                                2. The petitioner is apprehending arrest in connection

                   with Banma Itahari P.S. Case No.78 of 2025 lodged on

                   30.06.2025, for the offences punishable under Section 80 of the

                   B.N.S., 2023.

                                3. As per the prosecution, FIR has been lodged against

                   six named accused persons including the present petitioner with

                   allegation that they used to threat the informant’ daughter and

                   demanded dowry due to which they assaulted her and hanged

                   her.

                                4. Learned Counsel for the petitioner submits that the

                   petitioner is innocent and has committed no offence. Counsel

                   also submits that petitioner is a mother-in-law of the deceased
           Patna High Court CR. MISC. No.21908 of 2026(2) dt.08-04-2026
                                                       2/2




                     and general and omnibus allegation has been made against her.

                                  5. Counsel submits that the criminal antecedent of the

                     petitioner is clean and husband of the deceased is already in

                     custody since 13.10.2025. He further submits that petitioner is

                     living separately and due to dirty village politics, the name of

                     entire family has been inserted in this case.

                                  6. Learned APP for the State opposes the prayer for

                     bail of the petitioner and submits that husband of the deceased is

                     already in custody.

                                  7. As such, in the present facts and circumstances of

                     this case, let the above named petitioner be released on

                     anticipatory bail, in the event of arrest or surrender before the

                     learned Court below within a period of 4 weeks from today, on

                     furnishing bail bond of Rs.30,000/- (Rupees Thirty Thousand)

                     as mentioned in Section 2(1)(d) of the BNSS, 2023 to the

                     satisfaction of Judicial Magistrate-1st Class, Saharsa in

                     connection with Banma Itahari P.S. Case No.78 of 2025, subject

                     to the conditions as laid down U/s 482(2) of the BNSS, 2023.



                                                             (Dr. Anshuman, J)
Prakashmani/-

U      T

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