Patna High Court
Sudhir Devi @ Sudhira Devi @ Duhir DeviversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- PRABHAT KUMAR SINGH
Holding
The Court granted anticipatory bail to the petitioner.
Summary
Sudhir Devi, the petitioner, sought anticipatory bail fearing arrest in a dowry death case registered under Sections 80 and 3(5) of the B.N.S. The prosecution alleged that the deceased's marriage was followed by harassment and murder due to dowry demands, implicating several accused including the petitioner, who is the deceased's sister‑in‑law. The petitioner contended she was falsely implicated, had no involvement in the alleged dowry demand, and possessed a clean record, arguing that the accusations against her were general and not supported by specific overt acts. The State opposed the grant of anticipatory bail. The Court, noting the omnibus nature of the allegations and the petitioner's clean antecedents, allowed the anticipatory bail with a bail bond of Rs.10,000 and two sureties, subject to conditions under Section 482(2) of the B.N.S.S.
Issues considered
- Whether anticipatory bail should be granted to the petitioner in a dowry death case where the allegations against her are general and she has a clean antecedent.
Legislation cited
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.7017 of 2026
Arising Out of PS. Case No.-401 Year-2025 Thana- BAHERI District- Darbhanga
======================================================
Sudhir Devi @ Sudhira Devi @ Duhir Devi Son of Prabhu Mukhiya R/o
Village - Atahar Dih, P.S. - Baheri, District - Darbhanga.
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner : Mr. Sabal Kumar Jha, Advocate
For the State : Mr. Ram Anurag Singh, APP
For the Informant : Mr. Sanjeev Kumar, Advocate
======================================================
CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH
ORAL ORDER
2 19-02-2026 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 her daughter was solemnized
with co-accused Mukesh Kumar Mukhiya in the year 2014 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
Patna High Court CR. MISC. No.7017 of 2026(2) dt.19-02-2026
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murder of the 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 married sister-in-law
of the deceased. Petitioner is separate in mess and property and
has got no concern 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 02.01.2026. Petitioner
is a lady and claims clean antecedents.
5. Learned A.P.P. for the State has 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.7017 of 2026(2) dt.19-02-2026
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.C.J.M.-VII, Darbhanga in
connection with Baheri P.S. Case No. 401 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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