Patna High Court
Sushila DeviversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- NAWNEET KUMAR PANDEY
Holding
The court granted anticipatory bail to the petitioners subject to conditions under Section 482(2) of the BNSS.
Summary
The petitioners, mother‑in‑law and father‑in‑law of a deceased woman, sought anticipatory bail after being implicated in a dowry‑related murder under Sections 80 and 3(5) of the BNS. They argued that the FIR only alleged a dowry demand against the husband, who is already in custody, and that they had no involvement in the crime. The informant opposed bail, contending that post‑mortem and inquest reports showed ante‑mortem injuries and that the petitioners failed to inform him of the death. The court examined whether the petitioners’ arrest was justified and whether anticipatory bail could be granted under Section 482(2) of the BNSS. Considering the lack of direct evidence against the petitioners and the principle of liberty, the court ordered that they be released on bail upon surrender within four weeks, subject to bond, sureties and cooperation with the trial. The order also required their physical presence before the trial court until charges are framed.
Issues considered
- Whether anticipatory bail can be granted to the petitioners under Section 482(2) of the BNSS
- Whether the petitioners are liable under Sections 80 and 3(5) of the BNS for the alleged dowry death
- Whether the post‑mortem and inquest reports establish the petitioners' participation in the crime
Legislation cited
Subjects
- anticipatory bail
- dowry death
- Section 80 BNS
- Section 3(5) BNS
- Section 482(2) BNSS
- bail conditions
- criminal procedure
- Bihar
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.49788 of 2025
Arising Out of PS. Case No.-141 Year-2025 Thana- JAMOBAZAR District- Siwan
======================================================
1. Sushila Devi W/O Lal Babu Yadav R/O Rampur, P.S. - Jamo Bazar, District-
Siwan
2. Lal Babu Yadav S/O Rangi Yadav R/O Rampur, P.S. - Jamo Bazar, District-
Siwan
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr.Raghav Prasad
Ms. Urmila Kumai
For the Informant Mr. Rakesh Kumar Srivastava
For the State : Mr.Tarkeshwar Nath Thakur, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE NAWNEET KUMAR
PANDEY
ORAL ORDER
4 11-02-2026 Heard the learned counsel for the parties.
2. The petitioners apprehend their arrest for the
offences alleged under Sections 80 and 3(5) of the BNS,
registered in connection with Jamo Bazar P.S.Case No. 141 of
2025.
3. As per the allegation, the accused persons killed
the daughter of the informant for non-fulfilment of demand of
dowry and tried to cremate the body, but the police on a tip-off,
swung into action and took the dead-body into their custody and
sent it for post mortem.
4. The learned counsel for the petitioners have
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submitted that the petitioners are innocent and have falsely been
implicated. They are mother-in-law and father-in-law of the
deceased having no concern with day-to-day affairs of the
couple. It has further been submitted that the FIR itself shows
that the allegation of demand of dowry is only against the
husband, who is in custody. The petitioners reside separately
from the husband of the deceased. The informant did not
disclose the name of the villagers from whom he got
information about the shocking incident.
5. On the other hand, the learned counsel for the
informant opposed the prayer for anticipatory bail by submitting
that the post mortem report and the inquest report show that the
injuries suffered by the deceased are ante mortem which shows
that she was brutally assaulted before her death. It is further
submitted that the petitioners did not inform about the death of
the deceased to the informant.
6. There is no allegation of demand of dowry against
the petitioners, rather the allegation of demand of dowry is only
against the husband Arvind Yadav, who is in custody.
7. Considering the above facts and circumstances, let
the petitioners above-named, in the event of their arrest or
surrender within four weeks from the date of communication of
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this order, be released on bail on furnishing bail bond of Rs.
10,000/-(ten thousand) each, with two sureties of the like
amount each to the satisfaction of learned Judicial Magistrate 1 st
Class, Siwan in connection with Jamo Bazar P.S.Case No. 141
of 2025, subject to the condition as laid down under Section
482(2) of the BNSS with further condition that the petitioners
shall cooperate in the disposal of trial and make themselves
available before the court below physically till framing of
charges.
(Nawneet Kumar Pandey, J)
HR/-
U T
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