Patna High Court
SEEMA DEVIversusThe State of Bihar
- Decided
- Disposal
- ALLOWED
- Bench
- AJIT KUMAR
Holding
The Court granted anticipatory bail to the petitioners, finding no material evidence of their complicity.
Summary
The petitioners, who are relatives of the accused in a dowry‑related death case (Punaura PS Case No.207 of 2025), filed an anticipatory bail application fearing arrest under Sections 80 and 3(5) of the Bharatiya Nyaya Sanhita, 2023. The deceased, Priti Kumari, was allegedly murdered after her husband and in‑laws demanded a motorcycle as dowry, but the post‑mortem report indicated death by asphyxia due to drowning and the prosecution did not present evidence of the petitioners' involvement. The petitioners submitted that the marriage had been nullified by a Panchayat and that no witness statements linked them to the crime. The Additional Public Prosecutor opposed bail, alleging the petitioners' complicity, but did not dispute the lack of material evidence. Considering the petitioners' age, clean record, and absence of incriminating material, the Court granted anticipatory bail subject to conditions under Section 438(2) of the CrPC and Section 482(2) of the Bhartiya Nagarik Suraksha Sanhita.
Issues considered
- Whether anticipatory bail should be granted to the petitioners under Section 438 CrPC in view of the allegations under Sections 80 and 3(5) of the Bharatiya Nyaya Sanhita, 2023.
Legislation cited
- Bharatiya Nyaya Sanhita, 2023 — s. 3(5), 80
- Bhartiya Nagarik Suraksha Sanhita — s. 482(2)
- Code of Criminal Procedure — s. 438(2)
Subjects
- anticipatory bail
- dowry death
- section 80 BNS
- section 3(5) BNS
- section 438 CrPC
- section 482 BNS
- post‑mortem report
- panchayat nullification
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.24146 of 2026
Arising Out of PS. Case No.-207 Year-2025 Thana- PUNAURA District- Sitamarhi
======================================================
1. SEEMA DEVI D/o- Ramji Thakur R/v- Baghmari Ps- Sahiyara Dist-
Sitamarhi
2. Ramji Thakur S/o- Late Jhapsi Thakur R/v- Baghmari Ps- Sahiyara Dist-
Sitamarhi
3. Priya Devi @ Priyanka Kumari W/o- Indrajeet Thakur R/v- Baghmari Ps-
Sahiyara Dist- Sitamarhi
4. Lalpari Devi W/o- Ramji Thakur R/v- Baghmari Ps- Sahiyara Dist-
Sitamarhi
... ... Petitioner/s
Versus
The State of Bihar Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Pushpendra Kumar Singh, Advocate
Smt. Divya Bharti, Advocate
For the Opposite Party/s : Mr. Md. Matloob Rab, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE AJIT KUMAR
ORAL ORDER
3 01-07-2026 Heard the learned counsel for the petitioners and
learned Additional Public Prosecutor for the State.
2. The petitioners are apprehending their arrest in
connection with Punaura P.S. Case No.207 of 2025, F.I.R dated
13.09.2025 registered for the offences punishable under
Sections 80 and 3(5) of the Bharatiya Nyaya Sanhita, 2023.
3. According to prosecution case, the informant's
daughter, Priti Kumari, was married to Sujit Kumar on
07.05.2025. After the marriage, her husband and in-laws
allegedly demanded a motorcycle as dowry and subjected her to
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physical and mental cruelty for non-fulfilment of the demand.
Despite a village Panchayati and her temporary return to the
parental home, she was allegedly sent back to her matrimonial
house, where the accused persons continued to assault and
harass her. On 11.09.2025, the informant was asked over phone
to take his daughter, but upon reaching the matrimonial home,
he found it locked and the family absconding. Subsequently, her
dead body was recovered near the bank of a pond, and the
informant alleged that the accused persons had murdered her on
account of the dowry demand.
4. Learned counsel for the petitioners submits that the
petitioner No.1 is the sister-in-law, petitioner No.2 is the
grandfather-in-law, petitioner No.3 is the cousin and petitioner
No.4 is the grandmother-in-law, who have been made accused in
this case while, the marriage between the husband and the
deceased daughter of the informant was nullified through
Panchayat, and the relevant documents has been appended with
the anticipatory bail application as Annexure-P/2. It has further
been submitted that case diary was called for along with post
mortem report and cause of death, which has been indicated in
the post mortem report, is asphyxia due to drowning and no
witnesses have recorded their statement with regard to the
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petitioners complicity in causing of death of the deceased.
5. Learned APP, by referring to the materials in the
case diary does not dispute the contention of the learned counsel
for the petitioners while, he vehemently opposes the prayer for
anticipatory bail application on the ground that the deceased has
died a natural death.
6. Considering the aforesaid facts and circumstances
that complicity of these petitioners, who being the in-laws, some
of them aged about 65-70 years and nothing specific has
surfaced during the course of investigation and the petitioners
are innocent and have no criminal antecedent. Accordingly, this
Court is inclined to grant the privilege of anticipatory bail to the
petitioners.
7. Let the petitioners, above named, in the event of
their arrest or surrender before the Court below within a period
of thirty days from the date of receipt of the order, 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
the learned Chief Judicial Magistrate, Sitamarhi, in connection
with Punaura P.S. Case No.207 of 2025, subject to the
conditions as laid down under Section 438(2) of the Code of
Criminal Procedure / Section 482(2) of the Bhartiya Nagarik
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Suraksha Sanhita and with other following conditions:-
(i) one of the bailors should be the family
member/relative/known of the petitioner(s) who shall provide
official document/personal affidavit to show his/her bona fide;
(ii) the petitioner(s) shall appear on each and every
date before the Trial Court and failure to do so for two
consecutive dates without plausible reason will entail
cancellation of his/her/their bail bond by the Trial Court itself;
(iii) the petitioner(s) shall in no way try to induce or
promise or threat the witnesses or tamper with the evidences,
failing which the State shall be at liberty to take steps for
cancellation of the bail bonds;
(iv) the petitioner(s) shall desist from committing any
criminal offence again, failing which the State shall be at liberty
to take steps for cancellation of their bail bonds.
(Ajit Kumar, J)
sharun/-
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