Patna High Court
Anita DeviversusThe State of Bihar
- Decided
- Disposal
- BAIL REJECTED
- Bench
- PRABHAT KUMAR SINGH
Holding
Anticipatory bail was denied because the allegations were specific, serious, and involved an unnatural death.
Summary
The petitioners, Anita Devi and Lakhpatiya Devi, sought anticipatory bail after being implicated in a case alleging dowry-related torture and murder of the informant's daughter, who died on 17-12-2023. The prosecution alleged that the petitioners, as mother‑in‑law and sister‑in‑law, participated in the torture and subsequent killing, charging them under Sections 304(B), 494, 201 and 34 of the Indian Penal Code. The petitioners contended they were innocent, arguing the deceased had pre‑existing ailments and that the informant was not an eye‑witness. The State opposed bail, emphasizing the specific allegations and the unnatural death at the matrimonial home. The Court, considering the gravity of the offences and the direct accusations, rejected the anticipatory bail petition.
Issues considered
- Whether anticipatory bail should be granted to the petitioners accused of dowry‑related torture and murder under IPC Sections 304(B), 494, 201 and 34.
Legislation cited
- Indian Penal Code — s. 201, 304(B), 34, 494
Subjects
- anticipatory bail
- dowry death
- IPC
- murder
- torture
- unlawful killing
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.40897 of 2024
Arising Out of PS. Case No.-83 Year-2023 Thana- NEORA District- Patna
======================================================
1. Anita Devi Wife of Ajay Kumar Yadav Resident of Village- Bela, P.S.-
Neora, District- Patna.
2. Lakhpatiya Devi @ Lakhmaniya Devi Wife of Ram Bhaju Prasad @ Ram
Bhaju Rai Resident of Village- Bela, P.S.- Neora, District- Patna.
... ... Petitioner/s
Versus
The State of Bihar ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr.Nawnit Kumar Tiwary, Advocate
For the Opposite Party/s : Mr.Satyendra Prasad, A.P.P.
======================================================
CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH
ORAL ORDER
5 05-02-2026 Heard learned counsel for the petitioners and learned
A.P.P. for the State.
2. The petitioners apprehend arrest in a case registered
for the offence under Sections 304(B), 494, 201/34 of the Indian
Penal Code.
3. As per prosecution case, daughter of informant was
married with co-accused Ajay Kumar in the year 2006 and
thereafter, it is alleged that these petitioners alongwith other
family members used to torture and assault informant’s daughter
for dowry and lastly, on 17.12.2023, the informant received an
information that her daughter has been killed by the accused
persons.
4. Learned counsel for the petitioners submits that
petitioners are innocent and have committed no offence.
Informant is not eye-witness to the occurrence. As a matter of
fact, the deceased was suffering from several ailments and was
under-treatment of different doctors and during treatment, she
died. Petitioners are sautan and mother-in-law of deceased. They
are separate in mess and business.
Patna High Court CR. MISC. No.40897 of 2024(5) dt.05-02-2026
2/2
5. However, learned A.P.P. for the State opposes the
bail petition and submits that petitioners are named in the FIR
with specific allegation that they committed torture for dowry
and finally in a planned way they killed her. Deceased died in an
unnatural circumstances at her matrimonial home.
6. Considering the nature and gravity of offence and
the fact there is specific and direct allegation against these
petitioners coupled with the fact that deceased died in an
unnatural circumstances at her matrimonial home, the prayer for
anticipatory bail of these petitioners is rejected.
(Prabhat Kumar Singh, J)
shashi/-
U T
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