Patna High Court
Shobha DeviversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- ANSHUMAN
Holding
The Court held that bail must be granted to the petitioners, subject to a bond of ₹30,000 each and the conditions of Section 482(2) of the Bharatiya Nagrik Suraksha Sanhita, 2023.
Summary
The petitioners, six women related to the deceased, sought bail fearing arrest in a dowry‑death case (Bhairoganj P.S. Case No. 38 of 2026) under sections 80, 238 and 3(5) of the Bharatiya Nyaya Sanhita, 2023. They contended that the allegations against them were vague, general and omnibus, asserting their innocence and clean antecedents. The State opposed bail, alleging specific dowry demand and that the deceased’s jewellery was taken by her husband and handed to the sister‑in‑law. The Court examined whether the vague nature of the accusations justified denial of bail and considered the provisions of the Bharatiya Nagrik Suraksha Sanhita, 2023. It held that bail could be granted despite the allegations, subject to a bond of ₹30,000 each and conditions under Section 482(2). Consequently, the petitioners were ordered to be released on bail pending trial.
Issues considered
- Whether bail should be granted to the accused when the allegations are general and omnibus.
- Whether Section 2(1)(d) of the Bharatiya Nagrik Suraksha Sanhita, 2023 permits bail in such circumstances.
- Whether conditions under Section 482(2) of the Bharatiya Nagrik Suraksha Sanhita, 2023 are satisfied.
- Interpretation of sections 80, 238 and 3(5) of the Bharatiya Nyaya Sanhita, 2023 in the context of bail.
Legislation cited
- Bharatiya Nagrik Suraksha Sanhita, 2023 — s. 2(1)(d), 482(2)
- Bharatiya Nyaya Sanhita, 2023 — s. 238, 3(5), 80
Subjects
- dowry death
- bail
- general and omnibus allegations
- Bharatiya Nyaya Sanhita
- Bharatiya Nagrik Suraksha Sanhita
- Section 80
- Section 238
- Section 3(5)
- Section 2(1)(d)
- Section 482(2)
- West Champaran
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No. 42382 of 2026
Arising Out of PS. Case No.-38 Year-2026 Thana- BHAIROGANJ District- West Champaran
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1. Shobha Devi W/o Sitaram Das R/o Village- Harpur, P.S.- Bhaitoganj,
District- West Champaran.
2. Anju Devi @ Anita Devi W/o Bhanu Das, D/o Sitaram Das R/o Village-
Harpur, P.S.- Bhaitoganj, District- West Champaran (As per FIR).At present
-R/o Village- Tikuliya, P.S.- Chanpatiya, District- West Champaran.
3. Ranju Devi @ Rinju Devi W/o Raju Das, D/o Sitaram Das R/o Village-
Harpur, P.S.- Bhaitoganj, District- West Champaran (As per FIR). At present
R/o Village- Pakadihar,P.S.- Chanpatiya, District- West Champaran.
4. Uday Narayan Das Son of Late Kuber Das R/o Village- Harpur, P.S.-
Bhaitoganj, District- West Champaran.
5. Jhagaru Das @ Mukesh Das Son of Khublal Das R/o Village- Harpur, P.S.-
Bhaitoganj, District- West Champaran.
6. Fulkumari Devi W/o Sanjeet Das @ Sanjeet Kumar Das R/o Village-
Harpur, P.S.- Bhaitoganj, District- West Champaran.
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Bimlesh Kumar Pandey,Advocate
For the Opposite Party/s : Dr. Indiwar Kumari, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE DR. ANSHUMAN
ORAL ORDER
2 08-07-2026 Heard learned counsel for the petitioners and learned
APP for the State.
2. The petitioners who apprehend arrest in connection
with Bhairoganj P.S. Case No. 38 of 2026 lodged on
26.02.2026, for the offences punishable under sections 80, 238,
3(5) of the Bharatiya Nyaya Sanhita, 2023.
3. As per the prosecution, the F.I.R. has been lodged
Patna High Court CR. MISC. No. 42382 of 2026(2) dt.08-07-2026
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against 10 named accused persons including the present
petitioners. It is alleged that the deceased was subjected to
cruelty and harassment on account of dowry and was ultimately
done to death by the accused persons.
4. Learned counsel for the petitioners submits that the
petitioners are innocent and have committed no offence.
Learned Counsel for the petitioners further submits that
Petitioner No. 1 is mother, Petitioner No. 2 and 3 are married
sisters, Petitioner No. 6 is sister-in-law, Petitioner Nos. 4 and 5
are co-villagers of the husband of the deceased. Counsel further
submits that the father-in-law and husband of the deceased are
in custody. Counsel further submits that the allegation against
the petitioners are general and omnibus. Counsel further submits
that the Petitioner Nos. 2 and 3, being married sisters, and
Petitioner Nos. 4 and 5, being villagers of the husband of the
deceased had nothing to do with the matrimonial affairs of the
deceased and have been falsely implicated in the present case.
The antecedents of the petitioners are clean.
5. Learned APP for the State opposes the prayer for
bail and submits that there is specific allegation of demand of
dowry against the accused persons. It is further submitted that
the jewellery of the deceased was snatched away by her husband
Patna High Court CR. MISC. No. 42382 of 2026(2) dt.08-07-2026
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and handed over to her sister-in-law (gotni).
6. Considering the fact that the allegation against the
petitioners are general and omnibus, let the above-named
petitioners be released on bail, in the event of their arrest or
surrender before the Trial Court within a period of four weeks
from today, on furnishing bail bond of ₹30,000/- (Rupees Thirty
Thousand only) each, as mentioned in Section 2(1)(d) of the
Bharatiya Nagrik Suraksha Sanhita, 2023, to the satisfaction of
the learned JM 1st Class, Bagaha, West Champaran, in
connection with the Bhairoganj P.S. Case No. 38 of 2026,
subject to the conditions as laid down under Section 482(2) of
the Bharatiya Nagrik Suraksha Sanhita, 2023.
(Dr. Anshuman, J)
Manshi/Ashwini
U T
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