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Patna High Court

Manju DeviversusThe State of Bihar

Decided
Disposal
BAIL GRANTED

Holding

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

Summary

Manju Devi and Bijli Devi applied for anticipatory bail fearing arrest in a dowry‑related murder case (PS case No. 187/2025) where they were alleged to have conspired with Arjun Sah to kill the informant’s daughter. The prosecution alleged offences under Sections 80(2), 238, 3(5) of the B.N.S. and Section ¾ of the Dowry Prohibition Act. The petitioners contended they were innocent, that the allegations were vague, and that they had clean antecedents. The State opposed the bail. The High Court, after considering the submissions, granted anticipatory bail under Section 438 of the CrPC and Section 482 of the B.N.S., imposing a bail bond of Rs 10,000 with two sureties and several conditions regarding presence in court and conduct. The order disposed of the application, making clear that its observations would not affect the trial.

Issues considered

  • Whether anticipatory bail can be granted to the petitioners under Section 438 CrPC read with Section 482 B.N.S. in view of the alleged dowry‑death offence.
  • Whether the allegations against the petitioners are specific enough to deny bail.
  • Whether the petitioners pose a risk of fleeing, tampering with evidence, or committing similar offences.

Legislation cited

Subjects

  • anticipatory bail
  • dowry death
  • Section 438 CrPC
  • Section 482 B.N.S.
  • bail conditions
  • Criminal Procedure
  • Dowry Prohibition Act
  • murder

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.2602 of 2026
                       Arising Out of PS. Case No.-187 Year-2025 Thana- SRIPUR District- Gopalganj
                 ======================================================
           1.     Manju Devi Wife of Munilal Sah @ Munnilal Resident of Village - Rajapur
                  (Ganesh Dumar) P.S- Sripur, District- Gopalganj
           2.    Bijli Devi @ Vijali W/O Manoj Kumar @ Manoj Sah Resident of Village -
                 Rajapur (Ganesh Dumar) P.S- Sripur, District- Gopalganj

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

                                                        ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :        Mr. Pankaj Kumar Dubey, Advocate
                 For the Opposite Party/s :        Ms. Renu Kumari, APP
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE SOURENDRA PANDEY
                                       ORAL ORDER

2   28-01-2026                      Heard learned counsel for the petitioners and

                   learned A.P.P. for the State.

                                2. Petitioners apprehend their arrest in connection

                   with Sripur P.S. Case No. 187 of 2025 registered for the

                   offences under Sections 80(2), 238, 3(5) of the B.N.S. and

                   under Section ¾ of the D.P. Act.

                                3. As per the prosecution case, the allegation against

                   the petitioners is that they in connivance with the main

                   accused, namely, Arjun Sah have killed the daughter of the

                   informant for non-fulfillment of dowry.

                                4. Learned counsel for the petitioners submits that the

                   petitioners are innocent they have falsely been implicated in
Patna High Court CR. MISC. No.2602 of 2026(2) dt.28-01-2026
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          this case. It has further been submitted that the allegations

          levelled against the petitioners are general and omnibus in

          nature and petitioner no. 1 is the mother-in-law and petitioner

          no. 2 is the sister-in-law (gotiya) of the deceased and there is

          no specific allegation levelled against them with regard to the

          killing of the informant’s daughter. It has lastly been submitted

          that the petitioners carry clean antecedent.

                       5. Learned APP for the State has vehemently opposed

          the prayer for anticipatory bail.

                       6. Considering the aforesaid submission, facts and

          circumstances of the case, let the petitioners above named be

          released on anticipatory bail, in the event of arrest or surrender

          before the learned Court below within a period of four weeks

          from today, on furnishing bail bonds of Rs.10,000/-(ten

          thousand) each 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 Sripur P.S. Case

          No. 187 of 2025 subject to the conditions as laid down under

          Section 438(2) of the Code of Criminal Procedure read with

          corresponding Section 482(2) of B.N.S.S. as well as subject to

          the following conditions:-

                          (i) One of the bailors of the petitioners shall be
Patna High Court CR. MISC. No.2602 of 2026(2) dt.28-01-2026
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                          their close relative.

                          (ii) The petitioners shall remain physically present

                          in Court on each date of the trial.

                          (iii) In case of absence on two consecutive dates,

                          or in violation of the terms of the bail, the bail

                          bond of the petitioners will be liable to be

                          cancelled by the Court concerned.

                          (iv) If the petitioners are found involved in similar

                          nature of offence in future, the prosecution shall be

                          at liberty to move for cancellation of      his bail

                          bond.

                          (v) The learned Court below shall verify the

                          criminal antecedent of the petitioners and in case

                          at any stage it is found that the petitioners have

                          concealed their criminal antecedents, the court

                          below shall take step for cancellation of bail bond

                          of the petitioner. However, the acceptance of bail

                          bonds in terms of the above-mentioned order shall

                          not be delayed for purpose of or in the name of

                          verification.

                       7. Accordingly, the present application stands

          disposed of.
           Patna High Court CR. MISC. No.2602 of 2026(2) dt.28-01-2026
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                                  8. It is made clear that the observations, if any, made

                     in this order, shall be of no bearing during the trial.



                                              (Sourendra Pandey, J)
aditya/-

U


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