Patna High Court
Savitri DeviversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- RAMESH CHAND MALVIYA
Holding
The court granted bail to petitioners No.4 and No.5 subject to bond and conditions under Section 482(2) of the B.N.S.S.
Summary
The petitioners, Ruby Devi (Petitioner No.4) and Ram Chandra Sahni (Petitioner No.5), applied for bail in a dowry‑death case (Bhagwanpur P.S. Case No. 333 of 2025) where the deceased allegedly died from asphyxia due to hanging. The prosecution alleged offences under Sections 80, 61(2) and 3(5) of the B.N.S., claiming the petitioners were involved in demanding dowry. The petitioners contended they were falsely implicated, had no criminal antecedent, and were residing in Kolkata, not present at the scene. The court noted that the FIR, the investigating officer’s report and the facts indicated the petitioners were the sister‑in‑law (nanad) and brother‑in‑law (nandoi) of the deceased, with no physical evidence linking them to the death. Considering the lack of incriminating material and the petitioners’ ties to the case, the court granted bail subject to a bond of Rs.10,000 with two sureties and conditions under Section 482(2) of the B.N.S.S.
Issues considered
- Whether bail should be granted to the petitioners in a dowry‑death case under Sections 80, 61(2) and 3(5) of the B.N.S.
- Whether the petitioners have sufficient nexus to the alleged offence to justify denial of bail
Legislation cited
Subjects
- bail
- dowry death
- Section 80
- Section 61(2)
- Section 3(5)
- Section 482(2)
- Criminal Procedure
- nanad nandoi
- asphyxia
- hanging
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.5306 of 2026
Arising Out of PS. Case No.-333 Year-2025 Thana- BHAGWANPUR District- Vaishali
======================================================
1. Savitri Devi W/O Dinesh Sahni Resident of Village- Imadpur, P.S-
Bhagwanpur, Distt.- Vaishali.
2. Dinesh Sahni S/O Late Maheshwar Sahni Resident of Village- Imadpur, P.S-
Bhagwanpur, Distt.- Vaishali.
3. Vivek Kumar S/O Dinesh Sahni Resident of Village- Imadpur, P.S-
Bhagwanpur, Distt.- Vaishali.
4. Ruby Devi @ Bebi Kumari W/O Ram Chandra Sahni Resident of Village-
Gurmiya, P.S- Kartaha, Distt.- Vaishali. Presently residing at Ray Bahadur
Road, VIC-New Alipur, P.S- Alipur, Distt.- Kolkata- 700053 (W.B.).
5. Ram Chandra Sahni S/O Mahendra Sahni Resident of Village- Gurmiya,
P.S- Kartaha, Distt.- Vaishali. Presently residing at Ray Bahadur Road, VIC-
New Alipur, P.S- Alipur, Distt.- Kolkata- 700053 (W.B.).
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Shivjee Singh, Advocate
For the Opposite Party/s : Mr. Awadhesh Kumar Singh, APP
For the Informant : Mr. Sunil Kumar Singh, Advocate
Ms. Shyamli Kumari, Advocate
======================================================
CORAM: HONOURABLE MR. JUSTICE RAMESH CHAND
MALVIYA
ORAL ORDER
3 19-03-2026 Heard learned counsel for the petitioner and learned
APP for the State
2. At the outset, learned counsel for the petitioners
submits that during pendency of this petition, the petitioner no.
1, namely, Savitri Devi, petitioner no. 2, namely, Dinesh Sahni,
petitioner no. 3, namely, Vivek Kumar have already been
arrested and hence, this petition as against petitioner nos. 1, 2
Patna High Court CR. MISC. No.5306 of 2026(3) dt.19-03-2026
2/3
and 3 has become infructous.
3. Now the present petition will proceed only for
petitioner no. 4 and petitioner no. 5.
4. So far as, petitioner no. 4 and petitioner no. 5 is
concerned, they apprehends their arrest in connection with
Bhagwanpur P.S Case No. 333 of 2025 registered for the
offences punishable under Sections 80, 61(2), 3(5) of B.N.S.
5. As per the prosecution case, it is a case of dowry
death of the deceased due to non-fulfillment of the demand of
dowry.
6. Learned counsel for the petitioner submits that
petitioner has falsely been implicated in this case. It is next
submitted that petitioner has got no criminal antecedent as
stated in para 3 of the bail petition.
7. Learned counsel for the State opposes the prayer
for bail of the petitioner.
8. From perusal of the F.I.R., impugned order and
materials available on record it appears that petitioner no. 4 and
5 are married nanad and nandoi and they are living in Kolkata
where Petitioner no. 5 was working and they were not present at
the place of occurrence as submitted by the learned counsel for
the petitioner. It also appears that cause of death of the deceased
Patna High Court CR. MISC. No.5306 of 2026(3) dt.19-03-2026
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is asphyxia due to hanging. In FSL report, no suspected physical
evidence was found by the Investigating Officer.
9. Considering the aforesaid facts and circumstances
of the case, submissions made on behalf of the petitioners, let
the above named petitioner no. 4 and 5 be released on bail in the
event of their arrest or surrender before the trial court within a
period of six weeks from today on furnishing bail bond of Rs.
10,000/- (Ten thousand) each with two sureties of the like
amount each to the satisfaction of learned ACJM-VI, Vaishali at
Hajipur in connection with Bhagwanpur P.S Case No. 333 of
2025 subject to the condition laid down under Section 482(2) of
B.N.S.S.
(Ramesh Chand Malviya, J)
Mayank/-
U T
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