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Patna High Court

Meera DeviversusThe State of Bihar

Decided
Disposal
ALLOWED

Holding

The court held that, given the petitioners' clean antecedent and the nature of the allegations, anticipatory bail may be granted subject to conditions under Section 482(2) of the Bharatiya Nagarik Suraksha Sanhita, 2023.

Summary

The petitioners, Meera Devi and Vikash Sharma, sought anticipatory bail in a dowry‑related case (PS Case No.84 of 2025) where the deceased daughter of an informant allegedly died after alleged abuse and dowry demands. The prosecution alleged that the petitioners were involved in the assault and subsequent death, while the petitioners claimed innocence, asserting a clean antecedent and that the death was natural as per the post‑mortem report. The State opposed the bail. The court considered the nature of the allegations, the petitioners' clean record, and the risk of arrest, and decided to grant bail on condition of furnishing a bail bond and sureties, subject to Section 482(2) of the Bharatiya Nagarik Suraksha Sanhita, 2023. The order directed release within six weeks upon compliance with the conditions.

Issues considered

  • Whether anticipatory bail can be granted to the petitioners under Section 482(2) of the Bharatiya Nagarik Suraksha Sanhita, 2023 in a case instituted under IPC Sections 80 and 3(5).
  • Whether the petitioners' clean antecedent and the nature of the allegations justify the grant of bail.
  • Whether there is a likelihood of the petitioners tampering with evidence or fleeing, warranting denial of bail.

Legislation cited

Subjects

  • anticipatory bail
  • dowry death
  • Indian Penal Code
  • Section 482
  • Bharatiya Nagarik Suraksha Sanhita
  • clean antecedent
  • bail conditions

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.26195 of 2026
                     Arising Out of PS. Case No.-84 Year-2025 Thana- SHAHKUND District- Bhagalpur
                 ======================================================
           1.     Meera Devi W/O Kare Mistri @ Karo Mistri R/O Village- Kishanpur, Tola
                  Chhatona Basa, Ward No.-10, P.S- Ratwara, Distt.- Madhepura.
           2.    Vikash Sharma @ Vikash Kumar Mistri S/O Kare Mistri @ Karo Mistri R/O
                 Village- Kishanpur, Tola Chhatona Basa, Ward No.-10, P.S- Ratwara, Distt.-
                 Madhepura.

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

                                                        ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :       Mr. Alok Kumar Singh, Advocate.
                 For the Opposite Party/s :       Mr. Ram Sevak Choudhary, A.P.P.
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE SUNIL DUTTA MISHRA
                                       ORAL ORDER

2   22-04-2026                  1. Heard learned counsel for the petitioners and

                   learned A.P.P. for the State.

                                2. The petitioners apprehend their arrest in connection

                   with Sahkund P.S. Case No.84 of 2025 instituted under Sections

                   80, 3(5) of the Indian Penal Code.

                                3. As per the prosecution case, the marriage of the

                   daughter of the informant was solemnized with co-accused

                   Rupesh Kumar according to Hindu Rights and Rituals and

                   informant gave Rs.2,50,000/- alongwith jewelry as gift to said

                   Rupesh Kumar. It is alleged that the accused persons used to

                   abuse and assault the daughter of the informant due to dowry

                   demand. It is further alleged that the accused persons after
Patna High Court CR. MISC. No.26195 of 2026(2) dt.22-04-2026
                                            2/3




          assaulting the daughter of informant ousted her from her

          matrimonial house then her daughter informed about this to the

          informant. They reached there and got her admitted in CHC in

          injured condition thereafter she was referred to JLNMCH but

          due to night they could not go to JLNMCH and brought her to

          her parental house and in the morning her daughter died.

                       4. Learned counsel for the petitioner submits that

          petitioners are innocent and have falsely been implicated in this

          case. He further submits that petitioner no.1 is mother-in-law

          and petitioner no.2 is brother-in-law (Bhaisur) of the deceased

          and they have no concern with the day to day affairs of the

          victim and her husband. Learned counsel submits that as per the

          post-mortem report, it is stated that the death appears to be

          natural due to disease. He further submits that the death of

          deceased was taken place at the house of informant and with the

          ulterior motives, petitioners have been implicated in this case.

          Learned counsel submits that petitioners have got clean

          antecedent and they undertake to cooperate in the investigation

          and trial of the case.

                       5. Learned A.P.P. for the State opposes the prayer for

          anticipatory bail.

                       6. Considering the facts and circumstances of the
              Patna High Court CR. MISC. No.26195 of 2026(2) dt.22-04-2026
                                                          3/3




                        case, submissions of learned counsel for the parties and the

                        nature of allegation leveled against the petitioners as well as

                        their clean antecedent, in the event of arrest or surrender before

                        the Court below within six weeks from today, the petitioners be

                        released on bail upon furnishing bail bonds of Rs.10,000/-

                        (Rupees Ten Thousand) each with two sureties of the like

                        amount to each to the satisfaction of the learned Additional

                        Sessions Judge-XIX, Bhagalpur/ concerned Court in connection

                        with Sahkund P.S. Case No.84 of 2025, subject to the conditions

                        laid down in Section 482(2) of the Bharatiya Nagarik Suraksha

                        Sanhita, 2023.



                                                (Sunil Dutta Mishra, J)
Ritik/-

U         T


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