Patna High Court
Meera DeviversusThe State of Bihar
- Decided
- Disposal
- ALLOWED
- Bench
- SUNIL DUTTA MISHRA
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
- Bharatiya Nagarik Suraksha Sanhita, 2023 — s. 482(2)
- Indian Penal Code — s. 3(5), 80
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
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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
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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/-
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