Patna High Court
Suman DeviversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- CHANDRA SHEKHAR JHA
Holding
The petitioner is entitled to anticipatory bail as she is only prima facie implicated and has a clean antecedent.
Summary
The petitioner, Suman Devi, mother‑in‑law of the deceased, was named in an FIR for the alleged murder of the informant’s sister over a dowry demand of Rs 10 lakhs. The prosecution alleged that she conspired to cause the death, while the defence argued she lived separately, had no involvement in daily affairs, and that the death was a suicide as indicated by a ligature mark in the post‑mortem report. The court examined the factual submissions, noting the petitioner’s clean antecedent and the lack of physical injuries suggesting assault. Considering these factors, the court held that the petitioner was only prima facie implicated and that bail was appropriate. Consequently, the court ordered anticipatory bail on the condition of a Rs 10,000 bond with two sureties and compliance with Section 438(2) Cr.P.C. and Section 482(2) of the Bhartiya Nagarik Suraksha Sanhita.
Issues considered
- Whether the petitioner is entitled to anticipatory bail despite being named in the FIR for offences under the Bhartiya Nyay Sanhita and the Dowry Prohibition Act
- Whether the circumstances of the death indicate murder or suicide
Legislation cited
- Bhartiya Nagarik Suraksha Sanhita — s. 482(2)
- Bhartiya Nyay Sanhita — s. 3(5), 80
- Criminal Procedure Code — s. 438(2)
- Dowry Prohibition Act — s. 3, 4
Subjects
- anticipatory bail
- dowry death
- suicide
- mother-in-law
- criminal procedure
- Bhartiya Nyay Sanhita
- Dowry Prohibition Act
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.39218 of 2026
Arising Out of PS. Case No.-216 Year-2026 Thana- VAISHALI District- Vaishali
======================================================
Suman Devi W/O Chandan Kumar Resident of Village-Mataiyan, Post Office-
Madhopur Ram, Police Station-Vaishali, District-Vaishali.
... ... Petitioner
Versus
The State of Bihar
... ... Opposite Party
======================================================
Appearance :
For the Petitioner/s : Mr.Akshay Tripathi, Advocate
For the Opposite Party/s : Mr.Anil Kumar Singh, No.1, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE CHANDRA SHEKHAR JHA
ORAL ORDER
2 18-06-2026 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 Vaishali (Belsar
O.P.) P.S. Case No. 216 of 2026 registered for the offences
punishable under Sections 80 & 3(5) of the Bhartiya Nyay
Sanhita, 2023 (in short, the ‘B.N.S.’) and section 3 & 4 of
the Dowry Prohibition Act.
3. The allegation against the petitioner is to cause
death of the sister of the informant along with other co-
accused persons/family members due to non-fulfillment of
demand of dowry as raised for cash of Rs. 10 Lakhs.
4. Learned counsel appearing on behalf of the
petitioner submitted that petitioner, who is the mother of
Patna High Court CR. MISC. No.39218 of 2026(2) dt.18-06-2026
2/3
husband of the deceased, living separately having no
connection with daily and domestic affairs of the deceased
and her husband. It is submitted that petitioner was
implicated only being mother-in-law.
5. Arguing further, it is submitted that post-mortem
report nowhere suggest any visible physical injury on the
body of the deceased except ligature mark, which
categorically suggest that the deceased sister of the
informant was not physically assaulted soon before the
occurrence.
6. It is pointed out that out of temperamental issues,
the sister of the informant committed suicide by hanging
herself, which is also corroborating from post-mortem
report. Petitioner claimed clean antecedent.
7. Learned A.P.P. for the State opposes the prayer of
anticipatory bail of the petitioner.
8. In view of the aforesaid factual submissions and
by taking note of the fact as petitioner prima facie
implicated with the present crime in question being mother-
in-law, who is also a lady having clean antecedent, coupled
with the fact that petitioner claims to live separately with
Patna High Court CR. MISC. No.39218 of 2026(2) dt.18-06-2026
3/3
the deceased and her husband, accordingly, above-named
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 Judicial Magistrate - 1 st
Class, Vaishali at Hajipur/concerned court in connection
with Vaishali P.S. Case No. 216 of 2026, 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
Checking your session…
Lawyer court records for this case
Associated through the court’s case reference.