Patna High Court
Bibha Devi @ Birkhi DeviversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- SONI SHRIVASTAVA
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
- Code of Criminal Procedure, 1973 — s. 438(2)
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
Checking your session…