Patna High Court
Ful Devi @ Phool Kumari Devi@Phul DeviversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- SANDEEP KUMAR
Holding
Anticipatory bail is granted to the petitioners subject to the conditions prescribed under Section 482(2) of the BNSS.
Summary
The petitioners, who are relatives of a deceased woman, were arrested in a dowry‑related case (Bahera P.S. Case No. 423 of 2024) under Sections 80, 238 and 3(5) of the Bharatiya Nyaya Sanhita, 2023, alleging they demanded dowry, tortured and killed the victim. The petitioners contended they are innocent, asserting the deceased committed suicide and that a video supports this claim. The State opposed the anticipatory bail application. The court considered the advanced age of the petitioners and their familial relationship to the deceased, and found no sufficient ground to deny bail. Consequently, the court granted anticipatory bail subject to conditions under Section 482(2) of the BNSS, ordering each petitioner to furnish a bail bond of Rs.10,000 with two sureties.
Issues considered
- Whether anticipatory bail should be granted to the petitioners under Section 482(2) of the Bharatiya Nyaya Sanhita, 2023 in a case involving alleged dowry demand, torture and murder.
- Whether the allegations under Sections 80, 238 and 3(5) of the BNSS warrant denial of bail.
Legislation cited
- Bharatiya Nyaya Sanhita, 2023 — s. 238, 3(5), 482(2), 80
Subjects
- anticipatory bail
- dowry death
- Bharatiya Nyaya Sanhita
- Section 80
- Section 238
- Section 3(5)
- Section 482
- criminal procedure
- bail conditions
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.2629 of 2026
Arising Out of PS. Case No.-423 Year-2024 Thana- BAHERA District- Darbhanga
======================================================
1. Ful Devi @ Phool Kumari Devi@Phul Devi W/O Aklu Paswan R/O Village-
Havibhaur, P.S.- Bahera, District- Darbhanga
2. Sangita Devi W/O Rajesh Paswan R/O Village- Havibhaur, P.S.- Bahera,
District- Darbhanga
3. Chanda Devi wife of Mithu Paswan. R/O Village- Havibhaur, P.S.- Bahera,
District- Darbhanga
4. Aklu Paswan Son of Late Dahu Paswan. R/O Village- Havibhaur, P.S.-
Bahera, District- Darbhanga
5. Mithu Paswan son of Aklu Paswan R/O Village- Havibhaur, P.S.- Bahera,
District- Darbhanga
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Shyam Nandan Thakur
For the Opposite Party/s : Mr. Harendra Prasad
======================================================
CORAM: HONOURABLE MR. JUSTICE SANDEEP KUMAR
ORAL ORDER
2 24-02-2026 Heard the learned counsel for the petitioners and
learned counsel for the State.
2. The petitioners apprehend arrest in connection with
Bahera P.S. Case No. 423 of 2024 registered for offences under
Sections 80, 238 and 3(5) of the Bharatiya Nyaya Sanhita, 2023.
3. As per the prosecution case, the petitioners are in-
laws of the deceased. The allegation against the petitioners is
that they along with others accused persons demanded dowry
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from the niece of the informant and on non-fulfillment of the
same, they tortured her and killed her.
4. Learned counsel for the petitioners submits that the
petitioners are quite innocent and have not committed any
offence. He further submits that the petitioner no. 1 is the
mother-in-law of the deceased, the petitioners nos. 2 and 3 are
the sisters-in-law (gotani) of the deceased, petitioner no. 4 is the
father-in-law of the deceased, and petitioner no. 5 is the brother-
in-law of the deceased. He further submits that the deceased had
committed suicide and there is some video about her.
5. Learned APP for the State has vehemently opposed
the prayer for bail.
6. Considering the age of the in-laws and the
relationship of other co-accused persons, this application for
anticipatory bail is allowed.
7. Accordingly, let the petitioners, above-named, in
the event of their arrest or surrender within four weeks from
today in the Court below, be released on bail on furnishing bail
bonds of Rs.10,000/- (Rupees 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 Bahera P.S. Case No. 423 of 2024 subject to the
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conditions as laid down under Section 482(2) of the BNSS.
(Sandeep Kumar, J)
Shishir/-
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