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Patna High Court

Bibha Devi @ Birkhi DeviversusThe State of Bihar

Decided
Disposal
BAIL GRANTED

Holding

The court granted anticipatory bail to the petitioners with conditions under Section 438(2) of the Cr.P.C. and Section 482(2) of the B.N.S.S.

Summary

The petitioners, Bibha Devi and Kajal Kumari, mother‑in‑law and sister‑in‑law of a woman who died allegedly due to dowry harassment, applied for anticipatory bail in a case registered under Sections 80 and 3(5) of the B.N.S.S. The prosecution alleged that the deceased was killed after her family demanded a Rs.2 lakh dowry, while the petitioners contended they had no involvement in the day‑to‑day affairs of the deceased, the FIR was lodged after a two‑day delay, and the death was a suicide linked to a domestic dispute. The husband of the deceased, the main accused, was already in custody. The court considered the relationship of the petitioners to the main accused and the lack of direct evidence against them. It granted anticipatory bail subject to a bond of Rs.10,000 with two sureties and conditions under Section 438(2) Cr.P.C. and Section 482(2) B.N.S.S., directing surrender within four weeks if arrested.

Issues considered

  • Whether the petitioners are entitled to anticipatory bail under Section 438 Cr.P.C. in the dowry death case.
  • Whether the relationship of the petitioners to the main accused warrants denial of bail.

Legislation cited

Subjects

  • anticipatory bail
  • dowry death
  • Section 438 Cr.P.C.
  • Section 482 B.N.S.S.
  • domestic violence
  • suicide
  • FIR delay

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                                 CRIMINAL MISCELLANEOUS No.23189 of 2026
                      Arising Out of PS. Case No.-191 Year-2025 Thana- Chakmesi District- Samastipur
                 ======================================================
           1.     Bibha Devi @ Birkhi Devi W/o- Dinseh Ram R/o Village- Malinagar PS-
                  Chakmehsi District- Samastipur
           2.    Kajal Kumari D/o- Dinesh Ram R/o Village- Malinagar PS-Chakmehsi
                 District- Samastipur

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

                                                        ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :        Mr. Bijay Bhushan Prasad, Advocate
                                                   Ms. Rani Shashi Bharti, Advocate
                 For the State            :        Md. Shakir Ahmad, APP
                 ======================================================
                 CORAM: HONOURABLE JUSTICE SMT. SONI SHRIVASTAVA
                                       ORAL ORDER

2   10-04-2026                    Learned counsel for the petitioners is permitted to

                   make necessary corrections in paragraph nos. 11 and 13 of the

                   bail application in course of day.

                                  2. Heard learned counsel for the petitioners and

                   learned Additional Public Prosecutor for the State.

                                  3. The petitioners are apprehending their arrest in

                   connection with Chakmehsi P.S. Case No. 191 of 2025 in a case

                   registered for the offence punishable under Sections 80, 3(5) of the

                   BNS.

                                  4. As per the prosecution story, informant’s daughter

                   got married with co-accused Gautam Kumar on 05.05.2025.

                   After marriage, all accused persons started demanding Rs. 2
Patna High Court CR. MISC. No.23189 of 2026(2) dt.10-04-2026
                                            2/3




          lakh as dowry and due to non-fulfillment of the same, she was

          harassed mentally and physically and ultimately, she was killed

          on 27.11.2025.

                       5. Learned counsel for the petitioner submits that the

          petitioners are the mother-in-law and sister-in-law (nanad) of the

          deceased who are living separately in mess and business from

          the husband of the deceased and have no connection with the

          day-to-day affairs of the deceased and her husband. It is further

          submitted that the first information report has also been lodged

          after a delay of two days for which no explanation has been

          tendered. It is further submitted that on account of some

          domestic dispute with the husband, the deceased has committed

          suicide by hanging and the husband of the deceased who is

          primarily responsible for her welfare, is already under custody

          since 15.01.2026.

                       6.    Learned APP for the State has opposed the

          application for anticipatory bail.

                    7. Taking into consideration the facts and circumstances

          and also considering the fact that the petitioners happen to be

          the relatives of the main accused i.e. the husband who is already

          under custody, let the above named petitioners, in the event of

          their arrest or surrender before the learned Court below within a
             Patna High Court CR. MISC. No.23189 of 2026(2) dt.10-04-2026
                                                         3/3




                       period of 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 the satisfaction

                       of the learned court below where the case is pending/successor

                       court in connection with Chakmehsi P.S. Case No. 191 of 2025 ,

                       subject to the condition as laid down under Section 438 (2) of

                       the Cr.P.C./482(2) of the B.N.S.S.



                                                 (Soni Shrivastava, J)
priyanka/-

U      T


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