Patna High Court
Radhika DeviversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- AJIT KUMAR
Holding
The High Court exercised its inherent powers under Section 482(2) of the CrPC to grant bail to the petitioners subject to prescribed conditions.
Summary
The petitioners – Radhika Devi, Surendra Pratap and Vikash Kumar – are the mother‑in‑law, father‑in‑law and elder brother of the husband of the deceased Savita Kumari, who allegedly committed suicide following dowry‑related cruelty. They were implicated in a case registered under Sections 80(2), 85, 3(5) of the B.N.S., 2023 and Section 4 of the Dowry Prohibition Act. The petitioners contended that they were falsely implicated, lived separately from the accused husband, and had no involvement in the alleged dowry demands. The State opposed their bail, arguing the seriousness of the offences. The Court observed that the allegations against the petitioners were general and omnibus, and therefore not sufficient to deny bail. Consequently, the Court granted bail subject to a bond of Rs 10,000 with two sureties and conditions under Section 482(2) of the CrPC, including appearance before the trial court and non‑interference with witnesses.
Issues considered
- Whether the petitioners are entitled to bail despite the allegations under the Dowry Prohibition Act and B.N.S., 2023?
- Whether the general and omnibus nature of the allegations justifies denial of bail?
Legislation cited
- B.N.S., 2023 — s. 3(5), 80(2), 85
- Criminal Procedure Code — s. 482(2)
- Dowry Prohibition Act — s. 4
Subjects
- bail
- dowry death
- Dowry Prohibition Act
- Criminal Procedure Code
- Section 482
- inherent powers of High Court
- false implication
- criminal law
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.29391 of 2026
Arising Out of PS. Case No.-22 Year-2026 Thana- TILAUTHU District- Rohtas
======================================================
1. Radhika Devi W/O Surendra Pratap Resident of Village- Pratappur, P.S.-
Chandauli, District- Chandauli (Uttar Pradesh).
2. Surendra Pratap S/O Late Surahu Ram Resident of Village- Pratappur, P.S.-
Chandauli, District- Chandauli (Uttar Pradesh).
3. Vikash Kumar S/O Surendra Pratap Resident of Village- Pratappur, P.S.-
Chandauli, District- Chandauli (Uttar Pradesh).
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. D.K. Sinha, Sr. Adv.
Mr. Alexander Ashok, Adv.
Mr. Jawed Akhtar, Adv.
For the Opposite Party/s : Mr.Brajendra Nath Pandey, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE AJIT KUMAR
ORAL ORDER
3 24-06-2026 Heard Mr. D.K. Sinha, learned senior counsel assisted by
Mr. Alexander Ashok, for the petitioners and learned APP for
the State.
2. The petitioners are apprehending their arrest in
connection with Tilothu P.S. Case No. 22 of 2026 dated
28.01.2026 registered for the offence punishable under Sections
80(2), 85, 3(5) of the B.N.S., 2023 and Section 4 of the Dowry
Prohibition Act.
3. The prosecution case, in brief, is that after the
marriage, the Informant’s daughter was subjected to cruelty by
her husband and in-laws on account of dowry demands,
Patna High Court CR. MISC. No.29391 of 2026(3) dt.24-06-2026
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including a car. It is further alleged that on 12.01.2026, Vivek
Kumar (husband of the deceased) informed the Informant that
Savita Kumari (deceased) had committed suicide by hanging.
4. Learned counsel for the petitioners submits that the
petitioners are innocent and have been falsely implicated in the
present case. Petitioner no.1 is the mother-in-law, petitioner no.2
is the father-in-law and petitioner no.3 is the elder brother of the
husband of the deceased. It is submitted that it is apparent that
the petitioners were residing separately and were separate in
mess and they have no connection with their day-to-day
activities. It has next been submitted that the husband of the
deceased himself had informed the Informant with regard to
suicide committed by his daughter and, thereafter, the instant
case is said to have been registered..
5. On the other hand, the learned APP for the State has
opposed the prayer for bail of the petitioners.
6. Having heard learned counsel for the parties and
considering the fact that the allegations made against the
petitioners are general and omnibus in nature, let the above
named petitioners, be released on bail, in the event of their
arrest or surrender before the learned Court below within a
period of six weeks from today, on furnishing bail bond of Rs.
Patna High Court CR. MISC. No.29391 of 2026(3) dt.24-06-2026
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10,000/- (Rupees Ten Thousand) each with two sureties of the
like amount each to the satisfaction of the learned Additional
Chief Judicial Magistrate, Barh, Patna in connection with
Tilothu P.S. Case No. 22 of 2026, subject to the conditions as
laid down under Section 482(2) of the B.N.S.S. as well as the
following conditions:
(i) One of the bailors should be the family
member/relative/known of the petitioner(s) who shall provide
official document / personal affidavit to show his/her bona fide;
(ii) the petitioner(s) shall appear on each and every date
before the Trial Court and failure to do so for two consecutive
dates without plausible reason will entail cancellation of their
bail bond by the Trial Court itself;
(iii) the petitioner(s) shall in no way try to induce or
promise or threat the witnesses or tamper with the evidences,
failing which the State shall be at liberty to take steps for
cancellation of the bail bonds.
(Ajit Kumar, J)
rishi/-
U T
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