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Patna High Court

Suman DeviversusThe State of Bihar

Decided
Disposal
BAIL GRANTED

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

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


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