Patna High Court
Rajiya DeviversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- PRABHAT KUMAR SINGH
Holding
Anticipatory bail was granted to the petitioners, subject to bond and surety conditions.
Summary
The petitioners, Rajiya Devi and Bhogi Das, sought anticipatory bail fearing arrest in a dowry‑death case registered under Sections 80 and 3(5) of the Bharatiya Nyaya Sanhita. The prosecution alleged that the petitioners, along with others, killed the informant’s daughter over dowry demands, although the husband of the deceased was already in custody. The petitioners contended they were innocent, unrelated to the family affairs, and that the deceased had died by suicide (asphyxia due to ante‑mortem hanging). The State opposed the bail. The Court, noting the husband’s custody and lack of direct involvement of the petitioners, granted anticipatory bail subject to a bond and sureties, invoking Section 482(2) of the Bharatiya Nagarik Suraksha Sanhita.
Issues considered
- What is the applicability of anticipatory bail under Sections 80 and 3(5) of the Bharatiya Nyaya Sanhita in this case?
- Whether the petitioners can be granted bail given the alleged involvement in a dowry‑related death?
- Whether Section 482(2) of the Bharatiya Nagarik Suraksha Sanhita can be invoked to enlarge bail upon surrender?
Legislation cited
- Bharatiya Nagarik Suraksha Sanhita — s. 482(2)
- Bharatiya Nyaya Sanhita — s. 3(5), 80
Subjects
- anticipatory bail
- dowry death
- suicide
- criminal procedure
- Bharatiya Nyaya Sanhita
- Bharatiya Nagarik Suraksha Sanhita
- Section 80
- Section 482
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.6107 of 2026
Arising Out of PS. Case No.-245 Year-2025 Thana- SINGHWARA District- Darbhanga
======================================================
1. Rajiya Devi Wife of Bhogi Das @ Bhogendar Das Resident of Village -
Biraul, Kaligaon, P.S.- Singhwara, District - Darbhanga (Bihar).
2. Bhogi Das @ Bhogendar Das Son of Late Sardar Das @ Sardar Das
Resident of Village - Biraul, Kaligaon, P.S.- Singhwara, District - Darbhanga
(Bihar).
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Vinay Kumar Mishra, Advocate
For the Opposite Party/s : Mr. Sunil Kumar Pandey, A.P.P.
For the Informant : Mr. Nilendu Kumar Choudhary, Advocate
======================================================
CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH
ORAL ORDER
4 21-04-2026 Heard learned counsel for the petitioners, informant
and learned A.P.P. for the State.
2. Petitioners apprehend arrest in a case registered for
the offences punishable under Sections 80, 3(5) of the Bharatiya
Nyaya Sanhita.
3. Prosecution case, in brief, is that marriage of the
daughter of informant was solemnized with co-accused Rakesh
Das in the year 2019. Thereafter, it is alleged that these
petitioners, along with other F.I.R. named accused persons,
killed the daughter of informant due to non-fulfillment of
demand of dowry.
4. Learned counsel for the petitioners submits that
Patna High Court CR. MISC. No.6107 of 2026(4) dt.21-04-2026
2/3
petitioners are innocent and have committed no offence.
Petitioner no. 1 is mother-in-law, petitioner no. 2 is father-in-law
of the deceased and they are simply victims of over-
implications. Allegation against petitioners is general and
omnibus. Petitioners are separate in mess and property and they
are not concerned with family affairs of the deceased. As a
matter of fact, deceased committed suicide and cause of death is
Asphyxia due to ante-mortem hanging. Moreover, thrust of
accusation is against husband of the deceased who is already in
custody. Petitioners claim clean antecedent.
5. Learned A.P.P. for the State vehemently opposed
the bail application.
6. Considering the fact that husband of the deceased is
already in custody, this anticipatory bail is allowed and it is
ordered that let the above named petitioners in the event of their
arrest/surrender before the court below within a period of eight
weeks from today, be enlarged 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 Chief Judicial
Magistrate VII, Darbhanga in connection with Singhwara P. S.
Case No. 245 of 2025, subject to condition as laid down under
Patna High Court CR. MISC. No.6107 of 2026(4) dt.21-04-2026
3/3
Section 482(2) of the Bharatiya Nagarik Suraksha Sanhita,
2023.
(Prabhat Kumar Singh, J)
Navya/-
U T
Checking your session…