Patna High Court
Usha DeviversusThe State of Bihar
- Decided
- Disposal
- BAIL REJECTED
- Bench
- PARTHA SARTHY
Holding
The application for anticipatory bail is rejected.
Summary
Usha Devi, the mother‑in‑law of a deceased daughter‑in‑law, applied for anticipatory bail under sections 80(2) and 3(5) of the Bharatiya Nyaya Sanhita, 2023, fearing arrest in a dowry‑death case where the deceased was allegedly throttled to death. The prosecution alleged that the petitioner’s son and his wife were tortured for dowry demands and that the petitioner was complicit. The petitioner contended that she was falsely implicated, had no criminal record, lived separately from the family, and would cooperate with the investigation. The Court examined the FIR allegations, the relationship of the petitioner to the victim, and the post‑mortem finding of death by suffocation. Concluding that the allegations were serious, the Court refused anticipatory bail and ordered the petitioner to surrender within four weeks, leaving open the possibility of regular bail thereafter.
Issues considered
- Whether anticipatory bail should be granted to the petitioner under sections 80(2) and 3(5) of the Bharatiya Nyaya Sanhita, 2023 in a dowry‑death case.
- Whether the petitioner’s alleged involvement in the dowry‑related homicide warrants denial of anticipatory bail.
Legislation cited
- Bharatiya Nyaya Sanhita, 2023 — s. 3(5), 80(2)
Subjects
- anticipatory bail
- dowry death
- suffocation
- mother‑in‑law
- false implication
- Bharatiya Nyaya Sanhita
- criminal procedure
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.3365 of 2026
Arising Out of PS. Case No.-361 Year-2025 Thana- UDWANTNAGAR District- Bhojpur
======================================================
Usha Devi, W/o- Chandralok Singh, Resident of Village- West Nima, Police
Station- Udwant Nagar, District- Bhojpur
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Ashok Kumar Singh, Advocate
For the Opposite Party/s : Mr. Sanjay Kumar Tiwary, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE PARTHA SARTHY
ORAL ORDER
2 28-01-2026 1. Heard learned counsel for the parties.
2. The petitioner has preferred this application for
grant of anticipatory bail apprehending her arrest in connection
with Udwant Nagar P.S. Case no.361 of 2025 registered under
sections 80(2) and 3(5) of the Bharatiya Nyaya Sanhita, 2023,
3. As per the prosecution case, the informant states
that his daughter was married to the son of the petitioner herein.
The accused persons including the petitioner tortured his
daughter for non-fulfillment of the demand of dowry by way of
a gold chain and a motorcycle. She was ultimately done to
death.
4. It is submitted by learned counsel for the petitioner
that the petitioner, who happens to be the old mother-in-law of
the deceased, has been falsely implicated in the case. Besides
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the allegations being general and omnibus in nature, the
petitioner lives separately from her son and the deceased
daughter-in-law and has no concern with their day to day affairs.
The allegations against the petitioner are false and concocted
and all the family members/relatives have thus been made
accused in the case. The petitioner who is a lady has no criminal
antecedent and undertakes to cooperate in the investigation.
5. The application for anticipatory bail is opposed by
learned A.P.P. for the State.
6. Having heard learned counsel for the parties and
taking into consideration the allegation against the petitioner in
the F.I.R, the petitioner being the mother-in-law of the deceased
together with the contents of the postmortem report which finds
mention in the order of the learned Court below wherein the
death is said to have been caused due to suffocation arising out
of throttling of neck of the deceased, the Court is not inclined to
enlarge the petitioner on anticipatory bail and the application is
rejected.
7. The petitioner is directed to surrender in the learned
Court below within a period of four weeks.
8. In case the petitioner so surrenders within the
aforesaid period and prays for regular bail, the same shall be
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considered on its own merits without being prejudiced by this
order of rejection.
(Partha Sarthy, J)
avinash/-
U T
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