Patna High Court
Rubi DeviversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- RAJESH KUMAR VERMA
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
- B.N.S. Act — s. 3(5), 80
- Criminal Procedure Code — s. 438(2)
- Dowry Prohibition Act, 1986 — s. 3, 4
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
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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
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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
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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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