Patna High Court
Pinki KumariversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- ALOK KUMAR SINHA
Holding
The court granted anticipatory bail to the petitioners subject to specified conditions.
Summary
The informant alleged that her daughter, married to Ravindra Kumar, was subjected to dowry demands and torture, leading to her death by hanging on 06-07-2025, after which the body went missing. The petitioners, Pinki Kumari (sister‑in‑law) and Manjuli Devi (mother‑in‑law), were implicated in the murder under Sections 80, 238 and 3(5) of the Bharatiya Nagarik Suraksha Sanhita. They pleaded innocence, asserting clean antecedents, and sought anticipatory bail. The State opposed the bail, arguing the seriousness of the offences. Justice Alok Kumar Sinha, considering the petitioners' clean records and the arrest of the husband, granted anticipatory bail subject to a Rs.10,000 bond, two sureties, cooperation with investigation, and verification of criminal antecedent.
Issues considered
- Whether anticipatory bail can be granted to the petitioners under Section 438 of the CrPC and Section 482(2) of the Bharatiya Nagarik Suraksha Sanhita, 2023.
- Whether the allegations against the petitioners constitute sufficient ground to deny bail.
Legislation cited
- Bharatiya Nagarik Suraksha Sanhita, 2023 — s. 238, 3(5), 482(2), 80
- Code of Criminal Procedure — s. 438(2)
Subjects
- anticipatory bail
- dowry death
- Section 438 CrPC
- Section 482 BNS
- bail conditions
- murder investigation
- criminal antecedent
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.23171 of 2026
Arising Out of PS. Case No.-184 Year-2025 Thana- SALIMPUR District- Patna
======================================================
1. Pinki Kumari D/O Binod Sharma Resident of Village- Kaladiyara, P.S-
Salimpur, District- Patna.
2. Manjuli Devi W/O- Binod Sharma Resident of Village- Kaladiyara, P.S-
Salimpur, District- Patna.
... ... Petitioner/s
Versus
The State of Bihar Patna
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Ms.Usha Kumari Singh, Adv.
For the State : Mr.Pranav Kumar, APP
For the Informant : Mr.Manoj Kumar Pandey, Adv.
Ms.Kumari Pallavi, Adv.
======================================================
CORAM: HONOURABLE MR. JUSTICE ALOK KUMAR SINHA
ORAL ORDER
3 06-05-2026 Heard learned counsel for the petitioners, learned
A.P.P. for the State and learned counsel for the informant.
2. The petitioners apprehend his arrest in connection
with Salimpur P.S. Case No. 184 of 2025, registered for the
offences punishable under Sections 80, 238, 3(5) of BNS.
3. The prosecution case, in brief, is that the informant
alleged that her daughter was married to Ravindra Kumar on
08.05.2025. After marriage, the husband and in-laws allegedly
demanded dowry and subjected the deceased to mental and
physical torture. On 06.07.2025, the informant received
information that her daughter had died by hanging. Upon
reaching the matrimonial home, the informant found that all the
Patna High Court CR. MISC. No.23171 of 2026(3) dt.06-05-2026
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accused persons including the petitioners had absconded and the
dead body was also missing. It is alleged that the accused
persons murdered the deceased and disappeared the dead body.
4. The learned counsel for the petitioners submits that
the petitioners are innocent and have falsely been implicated.
They are the persons of clean antecedent. Petitioner no. 1 is
unmarried sister-in-law and petitioner no. 2 is mother-in-law of
the deceased. The allegation against them is general and
omnibus.
5. On the other hand, the learned APP for the State
and learned counsel for the informant have opposed the prayer
for bail.
6. Petitioner no. 1 Pinki Kumari is the sister-in-law of
the deceased and petitioner no. 2 Manjuli Devi is the mother-in-
law of the deceased. The husband of the deceased has already
been arrested and is behind bars. Both the petitioners have clean
antecedent. Under these circumstances, I am inclined to grant
privilege of anticipatory bail to the petitioners.
7. Let the petitioners, as named above, in the event of
their arrest or surrender within four weeks from today, be
enlarged on bail on furnishing bail bond of Rs.10,000/-(Rupees
Ten Thousand) each with two sureties of the like amount each to
Patna High Court CR. MISC. No.23171 of 2026(3) dt.06-05-2026
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the satisfaction of learned Additional Chief Judicial Magistrate
1st Barh in connection with Salimpur P.S. Case No. 184 of 2025,
subject to the conditions laid down under section 438(2) of the
Code of Criminal Procedure/Section 482(2) of the Bharatiya
Nagarik Suraksha Sanhita, 2023 and subject to further condition
that :-
(i) The petitioners shall co-operate in the
investigation/ trial.
(ii) The learned Court below would, however, verify
the criminal antecedent of the petitioners and in case it is found
that the petitioners have concealed their criminal antecedent, the
Court below shall take step for cancellation of bail bond of the
petitioners. However, it is expected that the verification process
would be done expeditiously without causing any delay.
(Alok Kumar Sinha, J)
kundan/-
U T
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