Patna High Court
Sanju DeviversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- CHANDRA SHEKHAR JHA
Holding
The Court granted anticipatory bail to the petitioner subject to the stipulated conditions.
Summary
Sanju Devi, the mother‑in‑law of the deceased, was named in an FIR for the death of the informant's daughter allegedly caused by a dowry demand of Rs 50,000. She contended that she lived separately from the deceased couple, had no involvement in their domestic affairs, and possessed a clean criminal record. The State opposed her application for anticipatory bail. The Court examined the prima facie basis of the charge, noting that the dowry demand was directed at the husband, not the petitioner, and that her alleged participation was merely relational. Considering the lack of direct evidence against her, the Court ordered that she be released on anticipatory bail upon furnishing a bail bond of Rs 10,000 with two sureties, subject to conditions under Section 438(2) of the Cr.P.C. and Section 482(2) of the Bhartiya Nagarik Suraksha Sanhita.
Issues considered
- Whether anticipatory bail should be granted to the petitioner under the circumstances of the case
- Whether the petitioner can be implicated solely on the basis of her relationship as mother‑in‑law
Legislation cited
- Bhartiya Nagarik Suraksha Sanhita — s. 482(2)
- Bhartiya Nyay Sanhita, 2023 — s. 238(a), 3(5), 80(2)
- Code of Criminal Procedure, 1973 — s. 438(2)
Subjects
- dowry death
- anticipatory bail
- Bhartiya Nyay Sanhita
- Criminal Procedure Code
- mother-in-law liability
- bail conditions
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.32842 of 2025
Arising Out of PS. Case No.-254 Year-2024 Thana- HULASGANJ District- Jehanabad
======================================================
Sanju Devi W/O Anil Yadav @ Anil Kumar R/O Village-Rupbigha, PS-
Hulashganj, Distt-Jehanabad
... ... Petitioner
Versus
The State of Bihar
... ... Opposite Party
======================================================
Appearance :
For the Petitioner/s : Mr.Uday Kumar, Advocate
For the Opposite Party/s : Mr.Kalyan Shankar, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE CHANDRA SHEKHAR JHA
ORAL ORDER
4 13-01-2026 Heard learned counsel for the petitioner and learned
APP for the State.
2. The accused-petitioner, named in the F.I.R., is
apprehending her arrest in connection with Hulashganj P.S.
Case No. 254 of 2024 registered for the offences punishable
under Sections 80(2), 238(a) & 3(5) of the Bhartiya Nyay
Sanhita, 2023 (in short, the ‘B.N.S.’).
3. As per FIR, petitioner alongwith other co-accused
persons/family members caused death of daughter of the
informant due to non-fulfillment of demand of dowry as raised
for a cash of Rs. 50,000/- which was demanded by the
husband of the deceased namely, Sunny Kumar.
4. Learned counsel appearing on behalf of the
Patna High Court CR. MISC. No.32842 of 2025(4) dt.13-01-2026
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petitioner submitted that petitioner is the mother-in-law and
she was living separately with the deceased and her husband
much prior to the occurrence, having no connection with their
daily and domestic affairs. It is pointed out that she was
implicated only for the reason that she is mother of husband
of the daughter of the informant. It is further pointed out that
being a short tampered lady out of family quarrel, daughter of
the informant committed suicide and, moreover, demand of
dowry, as raised for cash of Rs. 50,000/- appears specifically
raised against husband of the deceased namely, Sunny
Kumar. As per FIR, this petitioner, who is a lady, has no
criminal antecedent.
5. Learned A.P.P. for the State opposes the prayer of
anticipatory bail of the petitioner.
6. In view of the aforesaid factual submissions and by
taking note of the fact as the demand of dowry is specific
against the husband of the deceased daughter of the
informant, where implication of this petitioner, who is a lady
of clean antecedent, appears prima-facie being the mother of
husband of the deceased, accordingly, above-named
Patna High Court CR. MISC. No.32842 of 2025(4) dt.13-01-2026
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petitioner, in the event of her arrest/surrender within a period
of four weeks from this order, is directed to be enlarged on
bail on furnishing of bail bond of Rs.10,000/- (ten thousand
only) with two sureties of the like amount each to the
satisfaction of learned Chief Judicial Magistrate,
Jehanabad/concerned court in connection with Hulashganj
P.S. Case No. 254 of 2024, subject to the conditions as laid
down under Section 438(2) of the Cr.P.C/Section 482(2) of
the Bhartiya Nagarik Suraksha Sanhita (in short “B.N.S.S.”).
(Chandra Shekhar Jha, J)
Rajeev/-
U T
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