Patna High Court
Rekha DeviversusThe State of Bihar
- Decided
- Disposal
- ALLOWED
- Bench
- ASHOK KUMAR PANDEY
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
- Bihar Narcotic Substances Act, 2023 — s. 3(5), 482, 80
- Criminal Procedure Code — s. 438
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
Checking your session…
Lawyer court records for this case
Associated through the court’s case reference.