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Patna High Court

Rekha DeviversusThe State of Bihar

Decided
Disposal
ALLOWED

Holding

The Court granted anticipatory bail to the petitioners subject to specified conditions.

Summary

Rekha Devi and Mamta Kumari applied for anticipatory bail fearing arrest in a dowry‑related homicide case (Sohsarai P.S. Case No. 327 of 2025) under Sections 80 and 3(5) of the Bihar Narcotic Substances Act, 2023. The prosecution alleged that the deceased, Neha Kumari, had called her mother claiming her in‑laws were trying to kill her, and later was found hanged, suggesting dowry cruelty. The petitioners contended they had no involvement, noting the marriage was a love marriage, the couple lived in a rented house, and similar co‑accused had been granted bail in a related matter. The State opposed bail, but the Court, after hearing counsel, decided to grant anticipatory bail subject to surrender within four weeks, a bail bond of Rs.10,000 with two sureties, and conditions under Section 438(2) CrPC and Section 482(2) of the BNSS. The order directs compliance with the bail conditions and the surrender requirement.

Issues considered

  • Whether anticipatory bail should be granted to the petitioners under Section 438 CrPC in the context of the alleged dowry‑death offence.
  • Whether the petitioners pose a risk of fleeing, tampering with evidence, or influencing witnesses.
  • Whether the conditions imposed under Section 438(2) CrPC and Section 482(2) BNSS are sufficient to safeguard the investigation.

Legislation cited

Subjects

  • anticipatory bail
  • dowry death
  • Criminal Procedure Code
  • Section 438
  • Section 482
  • Bihar Narcotic Substances Act
  • bail conditions
  • Section 80
  • Section 3(5)

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.24896 of 2026
                      Arising Out of PS. Case No.-327 Year-2025 Thana- SOHSARAI District- Nalanda
                 ======================================================
           1.     Rekha Devi W/o Ashok Choudhary R/o Village - Salempur, P.S - Sohsarai,
                  Post and District - Nalanda
           2.    Mamta Kumari D/o Ashok Choudhary R/o Village - Salempur, P.S -
                 Sohsarai, Post and District - Nalanda

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

                                                        ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s      :      Mr. Ajay Kumar Thakur, Advocate
                                                  Mr.Purushottam Kumar, Advocate
                                                  Mr. Deepak Kumar, Advocate
                 For the Opposite Party/s :       Mr.Jharkhandi Upadhyay, APP
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE ASHOK KUMAR PANDEY
                                       ORAL ORDER

3   15-05-2026                     Heard learned counsel for the petitioner and learned

                   APP for the State.

                                 2. The instant application for anticipatory bail has

                   been filed           by the petitioner apprehending their arrest in

                   connection with Sohsarai P.S. Case no. 327 of 2025 instituted

                   for the offence under Sections 80 and 3 (5) of the BNS, 2023.

                                 3. The case of the prosecution is that the informant

                   received a call and she picked up that call and learnt that it was

                   her daughter Neha Kumari who was weeping and saying to save

                   her as her in-laws are trying to kill her. After this, the phone was

                   disconnected. The informant learnt that the deceased has been

                   killed by hanging. The deceased was married to one Pawan
Patna High Court CR. MISC. No.24896 of 2026(3) dt.15-05-2026
                                            2/3




          Kumar. It is alleged that she was subjected to cruelty on account

          of non-fulfillment of dowry demand.

                       4. Learned counsel for the petitioners submits that the

          petitioners are innocent and have committed no offence. It is

          further submitted that prior to this case also, the case was filed

          that the daughter of the informant, namely, Neha            Kumari

          (deceased of this case) has fled away with Pawan Kumar the

          husband of the deceased. It is further submitted are mother-in-

          law and nanad of the deceased. She has also submitted that

          during course of investigation, it has come that as the marriage

          was love marriage, the deceased and her husband were living in

          rented house of Ravi Kant Pandit, so there is no occasion for the

          involvement of these petitioners in the alleged occurrence. It is

          further submitted that similarly situated co-accused persons

          have already been granted bail by a Bench of this Court vide

          order dated 17.02.2026 passed in Cr. Misc. No. 8640 of 2026.

                       5. Learned APP appearing for the State and learned

          counsel for the informant have vehemently opposed the prayer

          of regular bail.

                       5. Learned APP appearing for the State opposed the

          prayer of bail of the petitioner.

                       6. Having heard learned counsel for the parties and in
            Patna High Court CR. MISC. No.24896 of 2026(3) dt.15-05-2026
                                                        3/3




                      the facts and circumstances of the case as stated above, this

                      Court is inclined to enlarge the petitioners on bail. The

                      petitioners are directed to surrender in the Court below within a

                      period of four weeks from today and in the event of their arrest

                      or surrender in connection with Sohsarai P.S. Case no. 327 of

                      2025, he will be enlarged on bail on furnishing bail bond of Rs.

                      10,000/- (Rupees ten thousand) with two sureties of the like

                      amount each to the satisfaction of learned Judicial Magistrate,

                      1st Class, Nalanda, Biharsharif, subject to the conditions as laid

                      down under section 438(2) of the Cr.P.C/ Section 482 (2) of the

                      BNSS.



                                            (Ashok Kumar Pandey, J)
Jagdish/-

U       T


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