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Patna High Court

Rajiya DeviversusThe State of Bihar

Decided
Disposal
BAIL GRANTED

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

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


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