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Patna High Court

Pooja Tiwari @ Pooja Devi @ Pooja KumariversusThe State of Bihar

Decided
Disposal
BAIL GRANTED

Holding

Anticipatory bail is granted to the petitioner under Section 438 CrPC, subject to the conditions imposed by the court.

Summary

The petition, Pooja Tiwari, a sister‑in‑law of the deceased, sought anticipatory bail in a case where the FIR alleged that she, along with co‑accused, set the deceased on fire over dowry demands, leading to her death. The petitioner contended that the fire was accidental, the FIR was lodged after the cremation, and she was falsely implicated. The State opposed bail, citing her alleged involvement and illicit relationship with the co‑accused. The court noted that the petitioner’s mother‑in‑law had already been granted anticipatory bail by a coordinate bench and considered the petitioner’s familial relationship and lack of immediate threat. Consequently, the court granted anticipatory bail to the petitioner subject to conditions under Section 438 CrPC and Section 482 BNSS. The application was allowed.

Issues considered

  • Whether anticipatory bail should be granted to the petitioner under Section 438 of the Code of Criminal Procedure in view of the allegations in the FIR.

Legislation cited

Subjects

  • anticipatory bail
  • Section 438 CrPC
  • Section 482 BNSS
  • dowry death
  • IPC offences
  • false implication
  • family relationship

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.24097 of 2026
                 Arising Out of PS. Case No.-476 Year-2023 Thana- MAJHAULIA District- West Champaran
                 ======================================================
                 Pooja Tiwari @ Pooja Devi @ Pooja Kumari Wife of Ratneshwar Kumar @
                 Ratneshwar Kumar Tiwari Resident of Village - Nautan Khurd, P.O.- Harpur,
                 P.S.- Majhauliya, District - West Champaran.

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

                                                        ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :      Mr. Sitesh Kashyap

                 For the Opposite Party/s :      Mr. Ram Sevak Choudhary
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE ANIL KUMAR SINHA
                                       ORAL ORDER

2   22-04-2026                   1. Heard learned Counsel for the petitioner and

                   learned Additional Public Prosecutor for the State.

                                 2. This application, for grant of anticipatory bail,

                   arises out of Majhauliya Police Station Case No. 476 of 2023,

                   disclosing offences under Sections 341 /323 /498A /120B / 304

                   B/34 of the Indian Penal Code.

                                 3. As per the complaint/FIR, the marriage of the

                   informant’s daughter was solemnized with the co-accused

                   Rupesh Tiwari on 22.06.2021 and after sometime, the informant

                   came to know about the illicit relationship of the petitioner with

                   Rupesh Tiwari. The deceased protested over the aforesaid illicit

                   relationship upon which the accused persons used and assaulted.
Patna High Court CR. MISC. No.24097 of 2026(2) dt.22-04-2026
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          They also started demanding dowry for starting business and

          due to non-fulfillment of demand the deceased was tortured and

          on 09.11.2022, the accused persons poured kerosine oil over the

          deceased while she was warming milk for her child and set the

          deceased on fire, ultimately the deceased died on 04.12.2022

          during course of treatment. Thereafter, the accused persons

          disposed of the dead body.

                       4. Learned counsel for the petitioner submits that the

          petitioner has falsely been implicated in this case on the basis of

          concocted story. The fact of matter is that the deceased met with

          an accidental fire while she was boiling the milk on 09.11.2022

          and she was admitted in hospital in burnt condition where she

          survived for about a month and during course of treatment she

          died on 04.12.2022. The present FIR has been lodged after

          cremation of the deceased on 15.06.2023 on the basis of a

          complaint petition filed by the informant 05.01.2023. It has

          further been submitted that the informant and other family

          members attended the deceased while she was admitted in the

          hospital but during course of treatment no complaint/FIR was

          lodged by them and after her cremation the present

          FIR/complaint as an afterthought has been lodged after much

          delay. Petitioner is sister-in-law (gotni) of the deceased and
Patna High Court CR. MISC. No.24097 of 2026(2) dt.22-04-2026
                                            3/4




          mother-in-law of the deceased has been granted anticipatory bail

          by a coordinate Bench of this Court vide order dated 16.04.2026

          passed in Cr. Misc. No. 23949 of 2026. The husband of the

          deceased as well as father-in-law of the deceased are in custody.

                       5. Learned APP for the State has opposed the prayer

          for bail and submit that the petitioner is named in the FIR and

          there was illicit relationship between the petitioner and the co-

          accused Rupesh Tiwari, i.e. husband of the deceased.

                       6. Having regard to the submissions made on behalf

          of the parties and taking into consideration the fact that mother-

          in-law of the deceased has been granted anticipatory bail by a

          coordinate Bench of this Hon’ble Court and petitioner is sister-

          in-law of the deceased, I am inclined to grant privilege of

          anticipatory bail to the petitioner.

                       7. This application is, accordingly, allowed.

                       8. Let the petitioner, above named, in the event of her

          arrest or surrender before the Court below within four weeks, be

          released on bail on furnishing bail bond of Rs. 10,000/- (ten

          thousand) with two sureties of the like amount each to the

          satisfaction of learned C.J.M., Bettiah, West Champaran

          /Successor Court, in connection with Majhauliya Police Station

          Case No. 476 of 2023 , subject to the condition laid down under
            Patna High Court CR. MISC. No.24097 of 2026(2) dt.22-04-2026
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                      Section 438 (2) of the Code of Criminal Procedure/Section

                      482(2) of the BNSS, 2023.


                                               (Anil Kumar Sinha, J)

Ranjeet/-

U      T


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