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Patna High Court

Suman DeviversusThe State of Bihar

Decided
Disposal
BAIL GRANTED

Holding

The Court granted anticipatory bail to the petitioners.

Summary

The petitioners, three women from Nakta Diyara, sought anticipatory bail after being implicated in a dowry‑death case under Sections 103, 238 and 3(5) of the B.N.S. The prosecution alleged that they demanded a dowry of Rs.5,00,000 and a motorcycle, and that they strangulated and burnt the deceased’s daughter when the demand was not met. The petitioners contended they were innocent, that the FIR was lodged after an undue delay of eight days, and that the husband and his parents of the deceased fabricated the complaint due to a long‑standing family dispute. They highlighted that similar co‑accused had already been granted anticipatory bail by a coordinate bench in Cr. Misc. No. 11724 of 2026 and emphasized their clean antecedents. The State opposed the bail, but the Court, noting the general and omnibus nature of the accusations and the petitioners’ clean record, granted anticipatory bail subject to a bail‑bond and sureties, invoking Section 482(2) of the B.N.S.S.

Issues considered

  • Whether anticipatory bail should be granted to the petitioners accused under Sections 103, 238 and 3(5) of the B.N.S. in a dowry‑death case
  • Whether the allegations constitute a specific offence warranting denial of bail
  • Whether the FIR is tainted by delay and alleged fabrication affecting the bail decision

Legislation cited

Subjects

  • anticipatory bail
  • dowry death
  • false FIR
  • Section 103
  • Section 238
  • Section 3(5)
  • Section 482
  • bail bond
  • criminal procedure

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                               CRIMINAL MISCELLANEOUS No.6315 of 2026
                         Arising Out of PS. Case No.-714 Year-2025 Thana- DIGHA District- Patna
                 ======================================================
           1.     Suman Devi W/O Ganesh Rai R/O Vill.- Nakta Diyara, P.S.- Digha, Dist.-
                  Patna
           2.    Kiran Devi W/O Dinesh Rai R/O Vill.- Nakta Diyara, P.S.- Digha, Dist.-
                 Patna
           3.    Anita Devi W/O Dharamveer Yadav @ Dhanvir Rai R/O Vill.- Nakta
                 Diyara, P.S.- Digha, Dist.- Patna

                                                                                    ... ... Petitioner/s
                                                        Versus

                 The State of Bihar

                                                        ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioners     :        Mr. Prabhat Kumar Singh, Advocate
                 For the State           :        Mr. Rajiv Nayan, APP
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH
                                       ORAL ORDER

3   24-03-2026                  Heard learned counsel appearing on behalf of the

                   petitioners and learned APP appearing on behalf of the State.

                                2. The petitioners apprehend their arrest in a case

                   registered for the offence punishable under Sections 103, 238

                   and 3(5) of the B.N.S..

                                3. As per prosecution case, it is alleged that all the

                   F.I.R. named accused persons, including these petitioners, have

                   been demanding Rs.5,00,000/- and a motorcycle as dowry and

                   due to non-fulfillment of the same, they have tortured the

                   daughter of the informant. It is further alleged that the named

                   accused persons, including these petitioners, with common
Patna High Court CR. MISC. No.6315 of 2026(3) dt.24-03-2026
                                            2/3




          intention, had strangulated the daughter of the informant to

          death for non-fulfillment of dowry and even burnt her dead

          body.

                       4. It is submitted by learned counsel appearing on

          behalf of the petitioners that petitioners are quite innocent and

          have committed no offence. This is one of those peculiar cases

          where the entire immediate family members of the deceased,

          i.e., the husband, father-in-law and mother-in-law have not been

          made parties, rather, the petitioners, being the cousin brothers-

          in-law have been made parties who have been separate in mess

          for the last 20 years. It has further been submitted that the

          occurrence is of 07.09.2025, however, the FIR was registered

          after inordinate delay of eight days on 15.09.2025 in a very pre-

          planned manner, as the petitioners have a long-standing dispute

          with the in-laws of the deceased. It has next been submitted that

          it is the husband of the deceased and his parents who were

          instrumental in getting this forged and fabricated FIR lodged

          against these petitioners based on a concocted story of demand

          of dowry. Allegation of demand of dowry is general and

          omnibus and no specific accusation of overt act has been alleged

          against these petitioners. It has lastly been submitted that

          similarly situated co-accused persons have already been granted
             Patna High Court CR. MISC. No.6315 of 2026(3) dt.24-03-2026
                                                         3/3




                       the privilege of anticipatory bail by a Co-ordinate Bench of this

                       Hon’ble Court vide order dated 25.02.2026 passed in Cr. Misc.

                       No. 11724 of 2026. Petitioners are ladies and claim clean

                       antecedents.

                                    5. Learned A.P.P. for the State has vehemently

                       opposed the prayer for grant of anticipatory bail to the

                       petitioners.

                                    6. Considering the facts and circumstances of the

                       case, general and omnibus nature of accusation, claim based on

                       parity and clean antecedents of the petitioners, the prayer for

                       grant of anticipatory bail to the petitioners is allowed.

                                    7. Accordingly, in the event of arrest/surrender within

                       a period of eight weeks from today, let the above named

                       petitioners 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 District and Sessions

                       Judge XXXI, Patna in connection with Digha P.S. Case No. 714

                       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


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