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Patna High Court

Shobha DeviversusThe State of Bihar

Decided
Disposal
BAIL GRANTED

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

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
                 ======================================================
           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
                                            2/3




          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
                                                      3/3




                    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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