Patna High Court
Tara DeviversusThe State of Bihar
- Decided
- Disposal
- DISMISSED
- Bench
- SANDEEP KUMAR
Holding
The court held that anticipatory bail could not be granted and dismissed the application.
Summary
The petitioner, Tara Devi, sought anticipatory bail fearing 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. The prosecution alleged that she, as the mother‑in‑law, conspired with others to kill the deceased for dowry demands, invoking Sections 80 and 3(5) of the BNS. The court examined the seriousness of the allegations and the direct involvement attributed to the petitioner. Concluding that the allegations were grave, the court declined to grant anticipatory bail. The petition was dismissed, and the petitioner was ordered to surrender within four weeks and apply for regular bail, failing which the police were directed to arrest her.
Issues considered
- Whether anticipatory bail should be granted to the petitioner accused of murder in a dowry death case under the relevant statutory provisions.
Legislation cited
- Bihar Negotiable Instruments Act — s. 3(5), 80
Subjects
- anticipatory bail
- dowry death
- murder
- Criminal Procedure Code
- Bihar law
- bail application
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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