Patna High Court
Soni Devi @ Soni KumariversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- SANDEEP KUMAR
Holding
The Court granted anticipatory bail to the petitioners under Section 482(2) of the BNSS.
Summary
The petitioners, Soni Devi and Kajal Kumari, sister‑in‑law (nanad) of a deceased woman, were implicated in a dowry‑related assault and death case registered as Hilsa P.S. Case No. 487 of 2025 under Sections 80(2) and 3(5) of the Bharatiya Nyaya Sanhita, 2023. They contended that the deceased had fallen and later died due to medical complications, asserting their innocence. The State opposed their request for anticipatory bail. The Court examined the allegations, the nature of the offences, and the petitioners’ claim of non‑involvement. Relying on Section 482(2) of the BNSS, the Court allowed the anticipatory bail application, directing the petitioners to furnish bail bonds of Rs.10,000 each with two sureties, subject to conditions. The order permits their release if arrested or surrendered within four weeks.
Issues considered
- Whether anticipatory bail can be granted under Section 482(2) of the Bharatiya Nyaya Sanhita for offences alleged under Sections 80(2) and 3(5).
- Whether the allegations constitute a cognizable offence justifying denial of anticipatory bail.
- Whether the petitioners are likely to abscond, tamper with evidence, or influence witnesses.
Legislation cited
- Bharatiya Nyaya Sanhita, 2023 — s. 3(5), 482(2), 80(2)
Subjects
- anticipatory bail
- dowry death
- Bharatiya Nyaya Sanhita
- Section 80
- Section 3
- Section 482
- criminal procedure
- bail conditions
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.647 of 2026
Arising Out of PS. Case No.-487 Year-2025 Thana- HILSA District- Nalanda
======================================================
1. Soni Devi @ Soni Kumari Wife of Jaiju Kumar, D/o Lalendra Prasad @
Narendra Prasad R/o Vill. - Teka Bigha, P.S - Hilsa, Dist - Nalanda, At
Present Jamuara Durga Tola, P.S - Chiksaura, Dist - Nalanda.
2. Kajal Kumari D/o Lalendra Prasad @ Narendra Prasad R/o Vill. - Teka
Bigha, P.S - Hilsa, Dist - Nalanda.
... ... Petitioner/s
Versus
The State of Bihar Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr.Birendra Kumar
For the Opposite Party/s : Mr.Ahmad Ali
======================================================
CORAM: HONOURABLE MR. JUSTICE SANDEEP KUMAR
ORAL ORDER
4 12-05-2026 Heard the learned counsel for the petitioners and
learned counsel for the State.
2. The petitioners apprehend arrest in connection with
Hilsa P.S. Case No. 487 of 2025 registered for offences under
Sections 80(2) and 3(5) of the Bharatiya Nyaya Sanhita, 2023.
3. As per the prosecution case, the petitioners are the
sister-in-law(nanad) of the deceased. The allegation against the
petitioners and others is of assaulting and killing the deceased
for demand of dowry.
4. Learned counsel for the petitioners submits that the
petitioners are quite innocent and they being the nanads of the
deceased, have not committed any offence. He further submits
Patna High Court CR. MISC. No.647 of 2026(4) dt.12-05-2026
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that the deceased had fallen down and she was treated initially
at the local hospital and thereafter, she was brought to Ford
hospital and subsequently she was refereed to PMCH where
during the course of treatment, she died.
5. Learned APP for the State has vehemently opposed
the prayer for bail.
6. Considering the aforesaid facts and circumstances
of the case, this application for anticipatory bail is allowed.
7. Accordingly, let the petitioners, above-named, in
the event of their arrest or surrender within four weeks from
today in the Court below, be released on anticipatory bail on
furnishing bail bonds of Rs.10,000/- (Rupees ten thousand) each
with two sureties of the like amount each to the satisfaction of
learned Additional Chief Judicial Magistrate 1st, Hilsa,
Nalanda /concerned Court below in connection with Hilsa P.S.
Case No. 487 of 2025 subject to the conditions as laid down
under Section 482(2) of the BNSS.
(Sandeep Kumar, J)
Vikas/-
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