Patna High Court
Bacchi Devi @ Nisha DeviversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- PRABHAT KUMAR SINGH
Holding
Anticipatory bail was granted to the petitioner subject to a bail bond and sureties.
Summary
The petitioner, Bacchi Devi, sought anticipatory bail in a dowry‑death case where she was alleged to have participated in the torture and murder of her sister‑in‑law. The prosecution alleged offences under Sections 126(2), 115(2), 80, 85 and 3(5) of the B.N.S. and Sections 3 and 4 of the Dowry Prohibition Act. The petitioner contended she was falsely implicated, had no involvement in the deceased’s affairs, and that the allegations were vague and omnibus with no specific overt act attributed to her. The State opposed the bail, arguing the seriousness of the charges. The Court, noting the lack of specific evidence against the petitioner and the general nature of the accusation, granted anticipatory bail subject to a bail bond and sureties, with the condition that the bail be subject to Section 482(2) of the B.N.S.S.
Issues considered
- Whether anticipatory bail should be granted to the petitioner in view of the general and omnibus nature of the allegations.
- Whether the petitioner’s alleged involvement under the cited sections warrants denial of bail.
Legislation cited
- B.N.S. — s. 115(2), 126(2), 3(5), 80, 85
- B.N.S.S. — s. 482(2)
- Dowry Prohibition Act — s. 3, 4
Subjects
- anticipatory bail
- dowry death
- false implication
- general and omnibus accusation
- Section 482
- bail bond
- criminal procedure
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.39641 of 2026
Arising Out of PS. Case No.-50 Year-2026 Thana- Bijdhari District- East Champaran
======================================================
Bacchi Devi @ Nisha Devi W/o Shiv Chandra Sah R/o Village- Bijdhari, P.S-
Bijdhari, Dist- East Champaran.
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Abhishek Kumar , Advocate
For the Opposite Party/s : Mr. Mohammed Arif , APP
======================================================
CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH
ORAL ORDER
2 24-06-2026 Heard learned counsel for the parties.
2. Petitioner apprehends arrest in a case registered for the
offence punishable under Sections 126 (2), 115 (2), 80, 85 and
3(5) of the B.N.S. and 3/4 of D. P Act.
3. It is a case of dowry death. As per prosecution case,
informant alleged that marriage of his sister was solemnized
with co-accused Amarjeet Kumar in the year 2021 as per Hindu
rites and rituals and thereafter, all the F.I.R. named accused
persons, including this petitioner, committed torture and
harassment with the victim due to non-fulfillment of demand of
dowry and subsequently, all the accused persons committed
Patna High Court CR. MISC. No.39641 of 2026(2) dt.24-06-2026
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murder of the victim.
4. It is submitted by learned counsel appearing on behalf
of the petitioner that petitioner is quite innocent and have
committed no offence. Petitioner has falsely been implicated in
this case merely because she is Jethani of the deceased.
Petitioner is separate in mess and property and has got no
concern with the affairs of the deceased and her husband.
Informant is not an eye witness of the alleged occurrence.
Allegation of demand of dowry is general and omnibus and no
specific accusation of overt act has been alleged against this
petitioner. As a matter of fact, Thrust of accusation is against
husband of deceased who is already in custody.
5. Learned A.P.P. for the State has opposed the prayer
for grant of anticipatory bail to the petitioner.
6. Considering the facts and circumstances of the case
and general and omnibus nature of accusation, the prayer for
grant of anticipatory bail to the petitioner is allowed and in the
event of arrest/surrender within a period of eight weeks from
today, let the above named petitioner be enlarged on bail on
furnishing bail-bond of Rs. 10,000/- (ten thousand) each with
two sureties of the like amount each to the satisfaction of
learned Judicial Magistrate F. C. Motihari East Champaran in
Patna High Court CR. MISC. No.39641 of 2026(2) dt.24-06-2026
3/3
connection with Bijdhari P.S. Case No. 50 of 2026 , subject to
condition as laid down under Section 482(2) of the B.N.S.S.
(Prabhat Kumar Singh, J)
Koushik/-
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