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Patna High Court

Sudhir Devi @ Sudhira Devi @ Duhir DeviversusThe State of Bihar

Decided
Disposal
BAIL GRANTED

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
                                            2/3




          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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