Patna High Court
Umrawati DeviversusThe State of Bihar
- Decided
- Disposal
- BAIL REJECTED
- Bench
- PRABHAT KUMAR SINGH
Holding
Anticipatory bail was denied to the petitioner.
Summary
Umrawati Devi, the mother‑in‑law of a woman who was allegedly set on fire for dowry demands, was named in an FIR containing charges under several sections of the B.N.S. and the Dowry Prohibition Act. She filed an application for anticipatory bail, asserting that she is innocent, has a clean record, and was implicated merely because of her familial relationship to the victim. The State opposed the bail, emphasizing the specific accusation against her and the seriousness of the alleged dowry‑death offence, which caused 18‑23% burns to the victim. The court examined the direct nature of the allegations, the gravity of the offences and the delay in filing the FIR. Considering these factors, the court concluded that the petitioner does not merit the protection of anticipatory bail. Consequently, the application for anticipatory bail was rejected.
Issues considered
- Whether the petitioner is entitled to anticipatory bail in view of the specific accusations under the B.N.S. and Dowry Prohibition Act.
Legislation cited
- B.N.S. — s. 109(1), 115(1), 118(1), 124(1), 126(2), 127(1), 3(5), 351(3), 352, 85
- Dowry Prohibition Act — s. 3, 4
Subjects
- anticipatory bail
- dowry death
- Dowry Prohibition Act
- Indian Penal Code
- criminal procedure
- bail jurisprudence
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.6157 of 2026
Arising Out of PS. Case No.-288 Year-2025 Thana- BAIKUNTHPUR District- Gopalganj
======================================================
Umrawati Devi Wife of Surendra Sing Resident of Village- Katalpur
(Fakalpura), P.S.- Baikunthpur, District- Gopalganj
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner : Mr. Anand Vardhan, Advocate
Ms. Shubhangi Pandey, Advocate
For the State : Mr. Sanjay Kumar Tiwary, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH
ORAL ORDER
2 04-02-2026 Heard learned counsel appearing on behalf of the
petitioner and learned APP appearing on behalf of the State.
2. The petitioner apprehends her arrest in a case
registered for the offence punishable under Sections 126(2),
127(1), 115(1), 118(1), 124(1), 85, 109(1), 351(3), 352 and 3(5)
of the B.N.S. and Sections 3 and 4 of the Dowry Prohibition
Act.
3. As per prosecution case, marriage of sister of
informant was solemnized with co-accused Ranjan Singh in the
year 2020 as per Hindu rites and rituals. It is alleged after
marriage, all the F.I.R. named accused persons, including this
petitioner, started demanding dowry and due to non-fulfillment
of demand of dowry, all the accused persons set the sister of
Patna High Court CR. MISC. No.6157 of 2026(2) dt.04-02-2026
2/2
informant on fire by pouring kerosene oil.
4. It is submitted by learned counsel appearing on
behalf of the petitioner that petitioner is quite innocent and has
committed no offence. Petitioner has falsely been implicated in
this case merely because she happens to be mother-in-law of the
victim. The present F.I.R. has been lodged after inordinate delay
of 7 days and there is no plausible explanation for the same.
Petitioner is a lady and claims clean antecedents.
5. On the other hand, learned A.P.P. for the State has
vehemently opposed the prayer for grant of anticipatory bail to
the petitioner and submitted that petitioner is named in the F.I.R.
with specific accusation that she, along with other F.I.R. named
accused persons, set the victim on fire due to non-fulfillment of
demand of dowry as a result of which, the victim suffered 18%
to 23% burn injuries.
6. Considering the facts and circumstances of the
case, specific and direct nature of accusation and gravity of
offence, the prayer for grant of anticipatory bail to the petitioner
is rejected.
(Prabhat Kumar Singh, J)
shashank/-
U T
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