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Patna High Court

Manaini Devi @ Anita DeviversusThe State of Bihar

Decided
Disposal
BAIL REJECTED

Holding

The court denied anticipatory bail to the petitioner.

Summary

Manaini Devi, the mother‑in‑law of the deceased, applied for anticipatory bail after being implicated in a dowry‑death case (Sections 304B and 34 IPC) concerning the death of her daughter‑in‑law, who was found near a well. The petitioner argued that she has a clean record, the informant is not an eye‑witness, and the allegations are based solely on suspicion and generic dowry‑related accusations. The State opposed the bail, contending that the informant’s observations and the circumstances of the death create a presumption against the husband’s family and that the investigation is ongoing. The court examined the material on record, noting the lack of direct evidence linking the petitioner to the crime and the reliance on conjecture. However, the court held that the seriousness of the offences and the continuing investigation warranted denial of anticipatory bail. Consequently, the anticipatory bail application was rejected.

Issues considered

  • Whether anticipatory bail can be granted to the petitioner in a case involving alleged dowry death under Sections 304B and 34 IPC.
  • Whether the material on record, primarily based on suspicion and non‑eyewitness testimony, is sufficient to justify denial of bail.

Legislation cited

Subjects

  • anticipatory bail
  • dowry death
  • Section 304B IPC
  • Section 34 IPC
  • criminal procedure
  • suspicion
  • bail denial

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.7035 of 2026
                        Arising Out of PS. Case No.-37 Year-2024 Thana- RAJGIR District- Nalanda
                 ======================================================
                 Manaini Devi @ Anita Devi W/o Chhotan Chaudhary R/o Village - Visthapit
                 Nagdeeh, P.S - Rajgir, District - Nalanda

                                                                                    ... ... Petitioner/s
                                                        Versus
                 The State of Bihar

                                                        ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :       Mr. Rana Baljit Singh, Advocate
                 For the Opposite Party/s :       Md. Aslam Ansari, APP
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA
                                       ORAL ORDER

2   30-04-2026                  1. Heard learned counsel for the petitioner and

                   learned A.P.P. for the State.

                                2. The petitioner apprehends her arrest in connection

                   with Rajgir P.S. Case No. 37 of 2024 registered for the offences

                   punishable under Sections 304(B) and 34 of the Indian Penal

                   Code.

                                3. Learned counsel for the petitioner submits that

                   petitioner is a person with clean antecedent and the informant

                   alleges that his daughter was married to Hira about two years

                   back, on 31.01.2024 he received an information that his

                   daughter died by jumping in the well, accordingly he reached

                   the place of occurrence and saw the dead body of his daughter

                   lying near the well, further her bangles were broken and cloths

                   were dried, thus, alleges based on suspicion that seven named
Patna High Court CR. MISC. No.7035 of 2026(2) dt.30-04-2026
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          accused persons including the petitioner killed his daughter as

          he was not able to fulfill the demand of motorcycle and money.

                       4. Learned counsel for the petitioner submits that

          petitioner, being mother-in-law, has been falsely implicated in

          the instant case by the informant, it is next submitted that

          informant is not an eye witness to the occurrence and the entire

          allegation hinges around suspicion. It is further submitted that

          informant in the FIR alleges that he received an information that

          his daughter died by jumping in the well and her dead body was

          also found near the well. It is further submitted that allegation of

          demand of dowry and torture is general and omnibus in nature.

          It is next submitted that whenever any dispute arises in between

          the husband and the wife and the occurrence of the nature as

          alleged takes place, the entire family members are implicated in

          a mechanical manner with general and omnibus allegations.

                       5. Learned A.P.P. for the State vehemently opposes

          the anticipatory bail application of the petitioner and submits

          that though informant is not an eye witness to the occurrence,

          but then his daughter was married to Hira about two years back

          and within seven years of marriage, the occurrence took place

          and in law also the presumption is against the husband and his

          family members. It is also submitted that if the FIR is perused
            Patna High Court CR. MISC. No.7035 of 2026(2) dt.30-04-2026
                                                        3/3




                      carefully, it would manifest that the informant alleges that when

                      he reached the place of occurrence, he saw the dead body of his

                      daughter lying near the well with bangles broken and the cloths

                      were dried, it is thus submitted that it does not appear probable

                      that she jumped in the well and committed suicide. It is also

                      submitted that investigation in the case is continuing and how

                      the victim died requires to be investigated.

                                   6. Considering the submissions made by the learned

                      APP for the State, the Court is not inclined to extend the

                      privilege of anticipatory bail to the petitioner.

                                   7. Accordingly,         the    instant   anticipatory   bail

                      application stands rejected.



                                                              (Satyavrat Verma, J)
Rishabh/-

U      T


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