Patna High Court
Divya Singh @ Divya KumariversusThe State of Bihar
- Decided
- Disposal
- ALLOWED
- Bench
- ASHOK KUMAR PANDEY
Holding
The Court granted anticipatory bail to the petitioners subject to conditions under Section 438(2) Cr.P.C. and Section 482(2) BNSS.
Summary
The petitioners, Divya Singh, Ranjit Kumar Singh and Swapna Singh, applied for anticipatory bail fearing arrest in a dowry‑related murder case (PS No.115 of 2025) where the deceased Aishwarya Kumari was alleged to have been killed by throttling. The prosecution alleged that the petitioners, as in‑laws, conspired with the husband to cause the death, invoking Sections 80, 61(2) and 3(5) of the Bihar Narcotic and Substance (BNSS) Act. The petitioners contended they were falsely implicated and that the allegations were vague, while the informant and the State opposed bail, emphasizing the seriousness of the charge and the post‑mortem finding of asphyxia. After hearing both sides, the Court decided to grant anticipatory bail, directing the petitioners to surrender within four weeks and to furnish a bail bond of Rs 10,000 with two sureties, subject to conditions under Section 438(2) of the Cr.P.C. and Section 482(2) of the BNSS. The order aims to balance the petitioners' right to liberty with the need to ensure their presence during trial.
Issues considered
- Whether anticipatory bail should be granted to the petitioners under Section 438 of the Criminal Procedure Code.
- Whether the allegations of conspiracy and dowry‑related cruelty constitute sufficient ground to deny bail.
- Whether the petitioners are likely to tamper with evidence or influence the investigation.
Legislation cited
- Bihar Narcotic and Substance (BNSS) Act — s. 3(5), 482(2), 61(2), 80
- Criminal Procedure Code — s. 438(2)
Subjects
- anticipatory bail
- dowry death
- cruelty
- Section 438 CrPC
- Section 482 CrPC
- BNSS Act
- conspiracy
- asphyxia
- post‑mortem
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.22737 of 2026
Arising Out of PS. Case No.-115 Year-2025 Thana- ASANWA District- Siwan
======================================================
1. Divya Singh @ Divya Kumari D/O Late Dharmendra Singh @ Late Bharat
Singh Resident of Village - Arkpur, P.S.- Asaon,Dist- Siwan
2. Ranjit Kumar Singh S/O Late Dharmendra Singh @ Late Bharat Singh
Resident of Village - Arkpur, P.S.- Asaon,Dist- Siwan
3. Swapna Singh @ Sapna Singh@ Sapna Devi W/O Ranjit Kumar Singh
Resident of Village - Arkpur, P.S.- Asaon,Dist- Siwan
... ... Petitioner/s
Versus
The State of Bihar Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr.Ajay Kumar Pandey, Advocate
For the Opposite Party/s : Mr.Ganesh Prasad Singh, APP
For the Informant : Mr. D.N. Tiwari, Advocate
Mr. Vijay Anand, Advocate
======================================================
CORAM: HONOURABLE MR. JUSTICE ASHOK KUMAR PANDEY
ORAL ORDER
2 08-05-2026 Heard learned counsel for the petitioners and
learned APP for the State.
2. The instant application for anticipatory bail has
been filed by the petitioners apprehending their arrest in
connection with Asawn P.S. Case no. 115 of 2025 nstituted for
the offence under Sections 80, 61(2) and 3 (5) of the BNS.
3. The case of the prosecution is that one Aishwarya
Kumari, the deceased, was married to Chandan Kumar Singh in
the month of December, 2024. It is further alleged that she was
subjected to cruelty on account of non-fulfilment of a dowry
demand of Rs. 10 lakhs. On 23.09.2025, the informant was
Patna High Court CR. MISC. No.22737 of 2026(2) dt.08-05-2026
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informed by the in-laws of the deceased that she was ill. When
the informant reached the matrimonial house of the deceased, he
found that the door was closed and the deceased was lying in the
hall of the house.
4. Learned counsel for the petitioners have submitted
that petitioners are innocent and have falsely been implicated in
connection with the present case. It is further submitted that the
nature of the allegations is general and omnibus. The petitioners
are in-laws of the deceased, and the main thrust of the
allegations is against the husband.
5. Learned counsel for the informant has vehemently
opposed the prayer for bail and submitted that, in the latter part
of the FIR, it has specifically been alleged that the informant
believes that the petitioners, along with the husband of the
deceased, conspired in the killing of the deceased. It is further
submitted that, from perusal of the post-mortem report, it
transpires that the cause of death has been opined to be asphyxia
due to throttling.
5. Learned APP appearing for the State opposed the
prayer of bail of the petitioners.
6. Having heard learned counsel for the parties and in
the facts and circumstances of the case as stated above, this
Patna High Court CR. MISC. No.22737 of 2026(2) dt.08-05-2026
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Court is inclined to enlarge the petitioners on bail. The
petitioners are directed to surrender in the Court below within a
period of four weeks from today and in the event of their arrest
or surrender in connection with Asawan P.S. Case no. 115 of
2025, they will be enlarged on bail on furnishing bail bond of
Rs. 10,000/- (Rupees ten thousand) with two sureties of the like
amount each to the satisfaction of learned ACJM-3rd,
Siwan/concerned Court, subject to the conditions as laid down
under section 438(2) of the Cr.P.C/ Section 482 (2) of the BNSS.
(Ashok Kumar Pandey, J)
Jagdish/-
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