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Patna High Court

Radhika DeviversusThe State of Bihar

Decided
Disposal
BAIL GRANTED

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

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
                                            2/3




          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
                                                           3/3




                        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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