Patna High Court
Dharmendra Paswan @ Dharmendra KumarversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- SANDEEP KUMAR
Holding
Anticipatory bail was denied.
Summary
The petitioner, Tara Devi, feared arrest in a dowry‑death case (Garkha P.S. Case No. 94 of 2025) where she was alleged to have participated in the murder of her son‑in‑law for dowry demands. The prosecution charged her under Sections 80 and 3(5) of the BNS. She filed an anticipatory bail application, asserting that the allegations were direct but seeking protection from arrest. The Court examined the seriousness of the accusations and the presence of direct allegations against her. Concluding that the gravity of the charge warranted custody, the Court refused to grant anticipatory bail and ordered her to surrender within four weeks for regular bail proceedings.
Issues considered
- Whether anticipatory bail should be granted to the petitioner under Sections 80 and 3(5) of the BNS in a dowry‑death case
Legislation cited
- BNS — s. 3(5), 80
Subjects
- anticipatory bail
- dowry death
- Section 80
- Section 3(5)
- criminal procedure
- bail
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.43459 of 2025
Arising Out of PS. Case No.-94 Year-2025 Thana- GARKHA District- Saran
======================================================
Tara Devi W/O Bachcha Singh R/O Village- Adhupur, P.S.- Garkha, District-
Saran at Chapra (Bihar)
... ... Petitioner/s
Versus
The State of Bihar Patna
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr.Rakesh Kumar
For the Opposite Party/s : Mr.Shyam Kumar Singh
======================================================
CORAM: HONOURABLE MR. JUSTICE SANDEEP KUMAR
ORAL ORDER
5 19-02-2026 Heard learned counsel for the petitioner and learned
APP for the State.
2. The petitioner apprehends her arrest in connection
with Garkha P.S. Case No. 94 of 2025 registered for the offence
under Sections 80 and 3(5) of the BNS.
3. As per the prosecution case, the petitioner, who
is the mother-in-law of the deceased, is alleged to have killed
the deceased for demand of dowry along with other accused
persons.
4. Considering the direct allegations, levelled
against the petitioner, this Court is not inclined to grant
anticipatory bail to the petitioner.
5. Accordingly, this application for anticipatory
bail is dismissed.
Patna High Court CR. MISC. No.43459 of 2025(5) dt.19-02-2026
2/2
6. The petitioner is directed to surrender in the Court
below within four weeks from today and pray for regular bail
failing which the Superintendent of Police, Saran will take all
steps for arrest of the accused person/s including the petitioner.
7. Let a copy of this order this order be
communicated to the Superintendent of Police, Saran through
FAX for its compliance.
(Sandeep Kumar, J)
Vikas/-
U
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