Patna High Court
Gayatri DeviversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- SATYAVRAT VERMA
Holding
The court granted anticipatory bail to the petitioners subject to strict conditions and the possibility of cancellation for non‑cooperation.
Summary
Gayatri Devi and Shankar Mistri applied for anticipatory bail after being implicated in a case registered under Sections 103(1), 238, 80(2) and 3(5) of the B.N.S., 2023, relating to the alleged burning and subsequent death of a woman named Khushi. The petitioners claim they have clean antecedents and argue that the informant, the victim's in‑laws, has falsely implicated them, asserting that the primary accused is a man named Chandan who allegedly tortured the victim. The State opposed the bail, contending that the petitioners are involved in the offence. The High Court, after considering the submissions, granted anticipatory bail on the condition that the petitioners surrender within six weeks, furnish bail bonds of Rs.10,000 each with two sureties, and cooperate with the investigation, while reserving the power to cancel bail if they fail to cooperate. The order was made under Section 482(2) of the B.N.S., 2023.
Issues considered
- Whether the petitioners are entitled to anticipatory bail under Section 482 of the B.N.S., 2023
- Whether the allegations in the FIR sufficiently link the petitioners to the offence
- Whether the petitioners are likely to cooperate with the investigation
Legislation cited
- B.N.S., 2023 — s. 103(1), 238, 3(5), 482(2), 80(2)
Subjects
- anticipatory bail
- Section 482
- false implication
- dowry death
- criminal procedure
- bail conditions
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.68260 of 2025
Arising Out of PS. Case No.-216 Year-2025 Thana- AKBARPUR District- Nawada
======================================================
1. Gayatri Devi W/O Shankar Mistri R/O Village- Patrangnala, P.S.- Akbarpur,
Dist.- Nawada
2. Shankar Mistri S/O Late Bachu Mistri R/O Village- Patrangnala, P.S.-
Akbarpur, Dist.- Nawada
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Sudhir Kumar Sinha
For the Opposite Party/s : Mr. Anish Chandra
======================================================
CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA
ORAL ORDER
3 19-03-2026 1. Heard learned counsel for the petitioners and
learned A.P.P. for the State.
2. The petitioners apprehend their arrest in a case
registered for the offence punishable under Sections 103(1),
238, 80(2), 3(5) of the B.N.S., 2023.
3. Learned counsel for the petitioners submits that
petitioners are persons with clean antecedent and the informant
alleges that his daughter was married to Chandan in the year
2019 and out of the wedlock, a daughter and a son was born and
after the birth of second child, Chandan used to torture and
assaulted her and threatened that he will perform his second
marriage, further on 27.04.2025 at 12.30 A.M., the accused
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persons including the petitioners burnt the victim by sprinkling
petrol, it is next alleged that on 28.04.2025 at 10 A.M. Chandan
made a video call to the informant and showed and thereafter
when informant tried calling him, Chandan did not pick up the
phone, accordingly, the informant along with his family
members came to the matrimonial house of the victim where
Khushi and Puja disclosed that victim was admitted at Pawapuri
hospital, accordingly, the informant along with his family
members went to the hospital at Pawapuri, from where, the
doctors referred the victim to PMCH and the victim during the
course of treatment at PMCH died.
4. Learned counsel submits that petitioners have been
falsely implicated in the instant case by the informant being
mother-in-law and father-in-law of the deceased. It is next
submitted that from perusal of the allegation as alleged in the
FIR, it would manifest that the informant does not allege that
dowry was being demanded and on account of non-fulfillment
of the dowry demand, the victim was tortured rather has alleged
that after the birth of second child, Chandan started torturing the
deceased and used to threaten that he will perform second
marriage. It is also submitted that thrust of the allegation is
against Chandan and the petitioners came to be implicated with
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general and omnibus allegations that they were also involved in
the occurrence when informant is not an eyewitness to the
occurrence. It is further submitted that informant alleges that
Chandan made a video call and showed him and thereafter they
came to the place of occurrence when they came to know that
the victim was admitted at Pawapuri hospital. It is thus
submitted that this amply demonstrates that the victim was
taken by the accused persons to the hospital for treatment. It is
also submitted that had the petitioners been involved in the
occurrence, in that even, efforts would have been made to
dispose of the dead body with a view to conceal the evidence
but then the victim was taken to hospital for treatment. It is next
submitted that whenever any dispute arises in between the
husband and the wife and the occurrence of thee nature as takes
place, the entire family members are implicated in a mechanical
manner with general and omnibus allegation. It is also
submitted that petitioners will not abscond rather will cooperate
in the investigation to prove their innocence.
5. Learned A.P.P. for the State opposes the prayer for
anticipatory bail of the petitioners.
6. Considering the submissions made by the learned
counsel for the petitioners, the petitioners above-named, in the
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event of their arrest or surrender within a period of six weeks
from today, 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
trial court where the case is pending/successor court in
connection with Akbarpur P.S. Case No.216/2025, subject to the
conditions as laid down under Section 482(2) of the B.N.S.S.
7. However, it is made clear that in the event if the
Investigating Officer of the case files an application before the
learned trial court bringing to its notice that the petitioners
despite giving assurance to this court are not co-operating in the
investigation in that event the learned trial court shall be at
liberty to cancel the bail bonds of the petitioners.
(Satyavrat Verma, J)
amit/-
U T
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