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Patna High Court

Tara DeviversusThe State of Bihar

Decided
Disposal
DISMISSED

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

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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