Patna High Court

Usha DeviversusThe State of Bihar

Decided: 5 February 2026
Disposal: BAIL GRANTED
Bench: R P MISHRA

Holding

Anticipatory bail was granted as the petitioners had no criminal antecedent and the prosecution evidence was insufficient, subject to conditions under Section 482(2) of the Bharatiya Nagarika Suraksha Sanhita, 2023.

Summary

The petitioners, Usha Devi and Krishna Singh, sought anticipatory bail fearing arrest in a dowry‑death case (Case No. 289 of 2024) where they were accused of killing the informant’s sister. The prosecution alleged that the petitioners, along with co‑accused, caused the death for non‑fulfilment of dowry, invoking sections of the Bharatiya Nyaya Sanhita, 2023 and the D.P. Act. The petitioners contended they were falsely implicated, had no criminal antecedent, and the informant was not an eyewitness; the deceased’s husband had already been released on regular bail. The State opposed the bail application. Considering the lack of substantive evidence and the petitioners’ clean record, the Court granted anticipatory bail subject to bond and surety conditions under Section 482(2) of the Bharatiya Nagarika Suraksha Sanhita, 2023.

Issues considered

Whether anticipatory bail can be granted to the petitioners under Section 482(2) of the Bharatiya Nagarika Suraksha Sanhita, 2023.
Whether the prosecution’s evidence is sufficient to deny anticipatory bail in the dowry‑death case.
Whether the petitioners’ lack of criminal antecedent warrants the grant of bail.

Legislation cited

Bharatiya Nagarika Suraksha Sanhita, 2023 — s. 482(2)
Bharatiya Nyaya Sanhita, 2023 — s. 103(1), 238, 3(5), 61(2), 80
D.P. Act — s. 3, 4

Subjects

anticipatory bail
dowry death
false implication
criminal procedure
Bharatiya Nyaya Sanhita
Bharatiya Nagarika Suraksha Sanhita
Section 482

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.25232 of 2025
                  Arising Out of PS. Case No.-289 Year-2024 Thana- BAIKUNTHPUR District- Gopalganj
                 ======================================================
           1.     Usha Devi W/o- Krishna Singh Village- Chhapia P S-Masharakh District-
                  Saran
           2.     Krishna Singh S/o- Late Indradeo Singh Village- Chhapia P S-Masharakh
                  District- Saran
                                                                           ... ... Petitioner/s
                                                  Versus
                 The State of Bihar
                                                                    ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :      Mr.Ranjeet Kumar Pandey, Advocate
                 For the Opposite Party/s :      Mr.Surendra Prasad Singh, A.P.P.
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE RUDRA PRAKASH
                 MISHRA
                                       ORAL ORDER

4   05-02-2026                  Heard learned counsel for the petitioners and learned

                   APP for the State.

                               2. The petitioners apprehend their arrest in connection

                   with Baikunthpur P.S. Case No. 289 of 2024, instituted for the

                   offences under Sections 80, 103(1), 238, 61(2), 3(5) of the

                   Bharatiya Nyaya Sanhita, 2023 and Section 3 / 4 of D.P. Act.

                               3. Prosecution case, in short, is that             sister of the

                   informant was done to the death by the petitioners along with

                   other co-accused persons for non-fulfillment of dowry.

                               4. Learned counsel for the petitioners submitted that

                   the petitioners have falsely been implicated in the present case.

                   Charge-sheet has been submitted in this case. Petitioners are

                   mother-in-law and father-in-law of the deceased. The husband

                   of the deceased has been released on regular bail by this Court
           Patna High Court CR. MISC. No.25232 of 2025(4) dt.05-02-2026
                                                       2/2




                     vide order dated 24.07.2025 passed in Criminal Miscellaneous

                     No. 22114 of 2025. The petitioners are separate in mess and

                     business from the husband of the deceased. The informant is not

                     the eye-witness of the occurrence. In fact, sister of the informant

                     accidently fell down in the Gandak river. It has been submitted

                     on behalf of the petitioner that the petitioner has no criminal

                     antecedent.

                                 5. Learned A.P.P. for the State has vehemently

                     opposed the prayer for grant of bail to the petitioners.

                                  6. Considering the aforesaid facts and circumstances

                     of the case, let the petitioners above named, in the event of

                     arrest/surrender before the learned Court below within a period

                     of six weeks from today, be released on anticipatory bail on

                     furnishing bail bonds of Rs. 15,000/- (Rupees Fifteen Thousand)

                     with two sureties of the like amount each to the satisfaction of

                     Court below/concerned Court in connection with Baikunthpur

                     P.S. Case No. 289 of 2024, subject to the conditions as laid

                     down under Section 482(2) of the Bharatiya Nagarika Suraksha

                     Sanhita, 2023.


                                           (Rudra Prakash Mishra, J)
manish/-
U      T

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