Patna High Court
Buchan DeviversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- PRABHAT KUMAR SINGH
Holding
The court held that anticipatory bail should be granted because the allegations against the petitioner are general, omnibus and she possesses clean antecedents.
Summary
Buchan Devi, the sister‑in‑law of a deceased woman, sought anticipatory bail after fearing arrest in a dowry‑death case registered under Sections 80 and 3(5) of the B.N.S. The prosecution, based on an informant’s allegation, claimed that she, along with others, participated in harassment and murder of the victim for dowry demands. The petitioner contended she had no involvement, highlighting the lack of specific allegations against her, her clean antecedents, and that the primary accusation was against the husband who was already in custody. The State and the informant opposed the bail, arguing the seriousness of the offence. The court examined the general and omnibus nature of the accusation and the petitioner’s spotless record, and consequently granted anticipatory bail. The order directed that, if arrested within eight weeks, she be released on a bail bond of Rs 10,000 with two sureties, subject to Section 482(2) of the B.N.S.S.
Issues considered
- Whether anticipatory bail can be granted to the petitioner given the allegations under Sections 80 and 3(5) of the B.N.S.
- Whether the accusations against the petitioner constitute a specific and cognizable offence sufficient to deny bail
Legislation cited
- B.N.S. — s. 3(5), 482(2), 80
Subjects
- anticipatory bail
- dowry death
- Section 80
- Section 3(5)
- Section 482(2)
- clean antecedents
- general accusation
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.62198 of 2025
Arising Out of PS. Case No.-222 Year-2025 Thana- MAKHDUMPUR District- Jehanabad
======================================================
Buchan Devi Wife of Masudan Bind @ Masudan Vinda Resident Of Village -
Ilimpur, Ps- Makhdumpur, Dist- Jehanabad
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner : Mr. Ranjay Kumar Singh, Advocate
For the State : Mr. Rajendra Prasad Nat, APP
For the Informant : Mr. Ashok Kumar, Advocate
======================================================
CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH
ORAL ORDER
7 22-04-2026 Heard learned counsel appearing on behalf of the
petitioner, learned APP appearing on behalf of the State and
learned counsel appearing on behalf of the informant.
2. The petitioner apprehends her arrest in a case
registered for the offence punishable under Sections 80 and 3(5)
of the B.N.S..
3. It is a case of dowry death. As per prosecution case,
informant alleged that marriage of his sister was solemnized
with co-accused Tuntun Bind in the year 2018 as per Hindu rites
and rituals and thereafter, all the F.I.R. named accused persons,
including this petitioner, committed torture and harassment with
the victim due to non-fulfillment of demand of dowry and
subsequently, all the accused persons committed murder of the
Patna High Court CR. MISC. No.62198 of 2025(7) dt.22-04-2026
2/3
victim.
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 sister-in-law (gotni)
of the deceased. Petitioner is separate in mess and property and
has got no concerns with the affairs of the deceased and her
husband. Informant is not an eye witness of the alleged
occurrence. Allegation of demand of dowry is general and
omnibus and no specific accusation of overt act has been alleged
against this petitioner. Thrust of accusation is against husband of
deceased who is already in custody since 06.11.2025. Petitioner
is a lady and claims clean antecedents.
5. Learned A.P.P. for the State and learned counsel for
the informant have vehemently opposed the prayer for grant of
anticipatory bail to the petitioner.
6. Considering the facts and circumstances of the
case, general and omnibus nature of accusation and clean
antecedents of the petitioner, the prayer for grant of anticipatory
bail to the petitioner is allowed.
7. Accordingly, in the event of arrest/surrender within
a period of eight weeks from today, let the above named
Patna High Court CR. MISC. No.62198 of 2025(7) dt.22-04-2026
3/3
petitioner be enlarged on bail on furnishing bail-bond of Rs.
10,000/- (ten thousand) with two sureties of the like amount
each to the satisfaction of learned A.J.M. 1 st, Jehanabad in
connection with Makhdumpur P.S. Case No. 222 of 2025,
subject to condition as laid down under Section 482(2) of the
B.N.S.S..
(Prabhat Kumar Singh, J)
shashank/-
U T
Checking your session…