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Patna High Court

Rubi DeviversusThe State of Bihar

Decided
Disposal
BAIL GRANTED

Holding

The Court held that bail should be granted to the petitioner, subject to the conditions prescribed under Section 438(2) of the CrPC.

Summary

Rubi Devi, the sister‑in‑law of a deceased woman, was named in an FIR relating to a dowry‑death case (PS‑175/2025) under Sections 80, 3(5) of the B.N.S. and Sections 3 and 4 of the Dowry Prohibition Act. She applied for bail, contending that she has a clean antecedent and that the FIR contains only a generic allegation against all accused without any specific charge of assault, demand or overt act against her. The prosecution opposed the bail. The Court observed that mere inclusion in the FIR without specific allegations does not justify denial of bail, especially when the petitioner has no prior criminal record. Accordingly, the Court granted bail on a Rs.10,000 bond with two sureties, subject to conditions under Section 438(2) of the CrPC, including cooperation with the trial, presence in court, and no tampering with evidence or concealment of antecedents.

Issues considered

  • Whether bail can be granted to an accused who is named in an FIR but faces no specific allegation of assault, demand or overt act.
  • Whether the petitioner’s clean criminal antecedent warrants bail under Section 438(2) of the Code of Criminal Procedure.

Legislation cited

Subjects

  • bail
  • dowry death
  • Section 438 CrPC
  • criminal antecedent
  • FIR
  • generic allegation
  • Dowry Prohibition Act

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.35147 of 2026
                    Arising Out of PS. Case No.-175 Year-2025 Thana- DULHIN BAZAR District- Patna
                 ======================================================
                 Rubi Devi Wife of Ravi Yadav @ Ravi Kumar Resident of Village - Pansari,
                 Ps- Dulhin Bazar, Dist- Patna

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

                                                        ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :      Mr. Shashank Shekhar
                 For the Opposite Party/s :      Mr. Anand Kishore Choudhary
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE RAJESH KUMAR VERMA
                                       ORAL ORDER

2   01-07-2026                   Heard learned counsel for the petitioner and learned

                   Additional Public Prosecutor for the State.

                                2. The petitioner is apprehending her arrest in

                   connection with Dulhin Bazar P.S. Case No. 175 of 2025 for

                   the offences punishable under Sections 80, 3(5) of the B.N.S.

                   and Section 3, 4 of the D.P. Act.

                                3. The prosecution case in brief is that, as per the

                   written complaint of the informant, he had solemnized the

                   marriage of his daughter, namely Preeti Kumari, with Ashok

                   Yadav in the year 2020 according to Hindu rites and customs. It

                   is alleged that after marriage, the deceased was subjected to

                   harassment by her husband and in-laws on account of demand

                   of dowry, specifically a motorcycle. It is further alleged that on

                   17.07.2025 at about 4:25 PM, the informant received
Patna High Court CR. MISC. No.35147 of 2026(2) dt.01-07-2026
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          information that his daughter had been killed by her husband

          and other family members, whereafter the informant reached the

          matrimonial home and found her dead under suspicious

          circumstances. It is also alleged that the minor son of the

          deceased was concealed by the accused persons, and thereafter

          the FIR came to be instituted on 18.07.2025.

                       4. Learned counsel for the petitioner submits that

          petitioner has clean antecedent and she has falsely been

          implicated in the present case. Learned counsel for the petitioner

          next submits that petitioner has been made an accused in the

          present merely on the ground that she is sister-in-law of the

          deceased. It is next submitted that from perusal of the FIR it

          appears that although the petitioner is named in the FIR but

          there is no specific allegation of assault or overt act or demand

          of dowry attributed against her rather the allegations are general

          and omnibus in nature against all the accused persons including

          the petitioner.

                       5. The learned Additional Public Prosecutor has

          vehemently opposed the prayer for bail of the petitioner.

                       6. Considering the aforesaid facts and circumstances

          and the fact that petitioner has clean antecedent and there is no

          specific allegation of assault or overt act or demand of dowry
Patna High Court CR. MISC. No.35147 of 2026(2) dt.01-07-2026
                                            3/4




          attributed against her, let the petitioner, above named, in the

          event of arrest or surrender before the court below within a

          period of thirty days from the date of receipt of the order, be

          released on bail on furnishing bail bond of Rs. 10,000/- (Ten

          Thousand) with two sureties of the like amount each to the

          satisfaction of the learned Additional Sessions Judge-III,

          Danapur, Patna in connection with Dulhin Bazar P.S. Case No.

          175 of 2025, subject to the conditions as laid down under

          Section 438(2) of the Code of Criminal Procedure and with

          other following conditions:-

                       i. Petitioner shall co-operate in the trial and shall be

          properly represented on each and every date fixed by the court

          and shall remain physically present as directed by the court and

          on her absence on two consecutive dates without sufficient

          reason, her bail bond shall be cancelled by the Court below.

                       ii. If the petitioner tampers with the evidence or the

          witnesses, in that case, the prosecution will be at liberty to move

          for cancellation of bail.

                       iii. And further condition that the court below shall

          verify the criminal antecedent of the petitioner and in case at

          any stage it is found that the petitioner has concealed her

          criminal antecedent, the court below shall take step for
           Patna High Court CR. MISC. No.35147 of 2026(2) dt.01-07-2026
                                                       4/4




                     cancellation of bail bond of the petitioner. However, the

                     acceptance of bail bonds in terms of the above-mentioned order

                     shall not be delayed for purpose of or in the name of

                     verification.



                                            (Rajesh Kumar Verma, J)
Gaurav Sinha/-

U      T


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