Patna High Court
Prabhawati DeviversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- SONI SHRIVASTAVA
Holding
Anticipatory bail was granted to the petitioner subject to a bond of Rs.10,000 and two sureties, with conditions under Section 438(2) Cr.P.C. and Section 482(2) B.N.S. Act.
Summary
The petitioner, a 65‑year‑old mother‑in‑law, sought anticipatory bail in a dowry‑death case (Charpokhari P.S. Case No. 209 of 2025) where she was alleged to have participated in the killing of the informant’s daughter under Sections 80(2) and 3(5) of the Bihar Narcotic Substances Act. The prosecution alleged that the petitioner, along with other accused, killed the victim for non‑payment of dowry, while the petitioner contended she had no involvement in the day‑to‑day affairs of the deceased and that the death was due to asphyxia by hanging, as per the post‑mortem report. The husband of the deceased, identified as the primary accused, had already surrendered and was in custody. The Additional Public Prosecutor opposed the bail, but the court considered the petitioner’s advanced age, lack of direct involvement, and the fact that the principal accused was already detained. Accordingly, the court ordered anticipatory bail on the condition of a Rs.10,000 bond with two sureties and compliance with Section 438(2) of the Cr.P.C. and Section 482(2) of the B.N.S. Act.
Issues considered
- Whether the petitioner is entitled to anticipatory bail under Section 438 of the Cr.P.C. in view of the allegations under the B.N.S. Act.
- Whether the petitioner’s age, relationship to the deceased, and the surrender of the primary accused justify granting bail.
Legislation cited
- Bihar Narcotic Substances Act — s. 3(5), 482(2), 80(2)
- Code of Criminal Procedure, 1973 — s. 438(2)
Subjects
- anticipatory bail
- dowry death
- Bihar Narcotic Substances Act
- Criminal Procedure Code
- mother‑in‑law
- bail conditions
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.25906 of 2026
Arising Out of PS. Case No.-209 Year-2025 Thana- CHARPOKHARI District- Bhojpur
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Prabhawati Devi W/O Yougal Yadav R/O Village- Dhandhauli, P.S.-
Charpokhari, District- Bhojpur. ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Sunny Kumar, Advocate
For the State : Md. Matloob Rab, APP
======================================================
CORAM: HONOURABLE JUSTICE SMT. SONI SHRIVASTAVA
ORAL ORDER
2 24-04-2026 Heard learned counsel for the petitioner and learned
Additional Public Prosecutor for the State.
2. The petitioner is apprehending her arrest in
connection with Charpokhari P.S. Case No. 209 of 2025 in a case
registered for the offence punishable under Sections 80(2)/ 3(5) of
the BNS Act.
3. As per the prosecution case, all the accused persons
including this petitioner, killed the informant’s daughter due to
non-fulfillment of demand of dowry.
4. Learned counsel for the petitioner submits, at the
outset that the petitioner is the mother-in-law, who is a 65 years
old lady and has no concern with the day-to-day affairs of the
deceased and her husband. It is further submitted that the death
had taken place on account of asphyxia due to hanging, which
would be evident from the postmortem report which has been
annexed with the supplementary affidavit filed on behalf of the
Patna High Court CR. MISC. No.25906 of 2026(2) dt.24-04-2026
2/2
petitioner. It is further submitted that the husband of the deceased,
who is primary responsible for the welfare of his wife, has already
surrendered on 18.11.2025 and since then, he is in custody.
5. Learned APP for the State has opposed the
application for anticipatory bail.
6. Taking into consideration the facts and circumstances
and also considering the fact that the petitioner is the mother-in-
law of the deceased and husband of the deceased is already in
custody, let the above named petitioner, in the event of her arrest
or surrender before the learned Court below within a period of four
weeks from today, 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 the learned court below where
the case is pending/successor court in connection with
Charpokhari P.S. Case No. 209 of 2025, subject to the condition as
laid down under Section 438 (2) of the Cr.P.C./482(2) of the
B.N.S.S.
(Soni Shrivastava, J)
priyanka/-
U T
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