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Patna High Court

Santi DeviversusThe State of Bihar

Decided
Disposal
DISPOSED

Holding

The Court held that there was no real apprehension of arrest and therefore dismissed the anticipatory bail petition.

Summary

The petitioners, who are the mother‑in‑law, father‑in‑law, brother‑in‑law and sister‑in‑law of a woman who died under suspicious circumstances, filed an anticipatory bail application under Section 80(2) read with 3(5) of the Bharatiya Nyaya Sanhita, 2023. The prosecution alleged that the deceased had complained of torture and financial demands before she allegedly hanged herself, but the petitioners were not named in the FIR and no investigation linked them to the offence. The petitioners argued that they faced a real apprehension of arrest despite the lack of any allegation against them. The State contended that without any charge or investigation, there was no basis for anticipatory bail. The High Court observed that the petitioners had no material indicating a genuine fear of arrest and that the trial court’s rejection of anticipatory bail was unfounded. Consequently, the Court disposed of the petition as premature, directing the petitioners to approach the appropriate forum if a real apprehension later arises.

Issues considered

  • Whether the petitioners have a real apprehension of arrest justifying anticipatory bail under Section 80(2) of the Bharatiya Nyaya Sanhita, 2023.
  • Whether the trial court erred in rejecting the anticipatory bail application in the absence of any allegation against the petitioners.

Legislation cited

Subjects

  • anticipatory bail
  • Section 80
  • Bharatiya Nyaya Sanhita
  • arrest apprehension
  • preliminary disposal
  • criminal procedure

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.30295 of 2026
                          Arising Out of PS. Case No.-36 Year-2026 Thana- DIGHA District- Patna
                 ======================================================
           1.     Santi Devi wife of Ajay Prasad Gupta @ Ajay Sao Resident of Village
                  -Khajuri PS -Digha Distt -Patna
           2.    Ajay Sao Son of Late Dhunki Sao Resident of Village -Khajuri PS -Digha
                 Distt -Patna
           3.    Santosh Kumar son of Ajay Prasad Gupta @ Ajay Sao Resident of Village
                 -Khajuri PS -Digha Distt -Patna
           4.    Poonam Kumari Daughter of Ajay Prasad Gupta @ Ajay Sao Resident of
                 Village -Khajuri PS -Digha Distt -Patna

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

                                                        ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :        Mr. Chandan Kumar Kashyap, Advocate
                                                   Mr. Rakesh Kumar, Advocate
                 For the Opposite Party/s :        Mr. Ajay Kumar Jha, APP
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE ARUN KUMAR JHA
                                       ORAL ORDER

2   08-05-2026                  Heard learned counsel for the petitioners and learned

                   APP for the State.

                                02. In the          present      case,     the    petitioners      are

                   apprehending their arrest in connection with Digha P.S. Case

                   No. 36 of 2026 registered for the alleged offence under Sections

                   80(2) r/w 3(5) of Bharatiya Nyaya Sanhita, 2023.

                                03. As per prosecution case, daughter of the informant

                   was married with the co-accused Vijay Soni on 16.07.2021. She

                   died in her matrimonial home on 12.01.2026. The daughter of

                   the informant used to make complaint against the co-accused
Patna High Court CR. MISC. No.30295 of 2026(2) dt.08-05-2026
                                            2/3




          husband and her sister-in-law as they had been torturing her and

          there was demand of money. Lastly, the informant received

          information that her daughter hanged herself in her matrimonial

          home. The petitioners are in-laws of the deceased daughter of

          the informant.

                       04. Learned counsel for the petitioners submits that

          the deceased had been suffering form some mental ailments and

          she had been under continuous treatment. The petitioner no. 1 is

          mother-in-law, petitioner no. 2 is father-in-law, petitioner no.3 is

          brother-in-law and petitioner no. 4 is sister-in-law, respectively,

          of the deceased. Learned counsel further submits that there is no

          allegation against the petitioner in the FIR and nothing has come

          up during investigation against these petitioners. The petitioners

          are having clean antecedent.

                       05. Learned APP opposes the submission made on

          behalf of the petitioners. Learned APP for the State submits that

          if the petitioners are not named in the FIR and nothing came up

          against the petitioners during investigation, there is no

          apprehension of arrest for the petitioners.

                       06. Perused the record.

                       07. I find it strange that petitioners have approached

          this Court in this manner at the stage when the petitioners have
           Patna High Court CR. MISC. No.30295 of 2026(2) dt.08-05-2026
                                                       3/3




                     neither been named in the FIR and nothing came up against

                     them during investigation. Therefore, there is no apprehension

                     of arrest. The rejection of the prayer for anticipatory bail by the

                     learned trial court considering the nature of offence and

                     relationship of the petitioners with the deceased without any

                     material being placed on record is beyond comprehension. At

                     this stage, I do not find any real apprehension of arrest of the

                     petitioners and, therefore, approaching this Court at this stage

                     by the petitioners is premature.

                                  08. Accordingly, finding no useful purpose in

                     continuing with the present petition, the same is disposed of.

                                  09. If any real apprehension arises, the petitioners are

                     at liberty to have recourse of law in appropriate proceeding

                     before appropriate forum.



                                                       (Arun Kumar Jha, J)
Ashish/-

U      T


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