Patna High Court
Suman DeviversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- PRABHAT KUMAR SINGH
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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