Patna High Court
Manju DeviversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- SOURENDRA PANDEY
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
- B.N.S. — s. 238, 3(5), 80(2)
- B.N.S.S. — s. 482(2)
- Code of Criminal Procedure — s. 438(2)
- Dowry Prohibition Act — s. ¾
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
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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
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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.
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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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