Patna High Court
Sita Devi @ Sitapati DeviversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- CHANDRA SHEKHAR JHA
Holding
The court granted anticipatory bail to all petitioners subject to bond and surety conditions.
Summary
The petitioners, members of the Chaudhary family and Sita Devi, were named in an FIR for alleged involvement in the death of the informant's daughter, purportedly due to a dowry demand of Rs. 50,000 and a motorcycle. They contended that the actual accused, the deceased's husband, is already in custody and that the allegations against them are vague, general, and based on familial relations only. The prosecution highlighted the recovery of the body after five months and the lack of a forensic report, while the defence argued the death was a suicide, citing a confession from the husband. The court observed that the dowry‑related allegations were omnibus and that the petitioners have clean antecedents. Consequently, the court granted anticipatory bail to all petitioners, subject to a bail bond of Rs.10,000 with two sureties each, and conditions under Section 438(2) of the Cr.P.C. and Section 482(2) of the Bhartiya Nagarik Suraksha Sanhita.
Issues considered
- Whether the petitioners are entitled to anticipatory bail under Section 438 Cr.P.C. and Section 482 B.N.S.S. despite allegations of dowry‑related death.
- Whether the allegations against the petitioners constitute sufficient ground to deny bail.
- Applicability of Sections 80(2), 238 and 3(5) of the Bhartiya Nyay Sanhita, 2023 in the context of anticipatory bail.
Legislation cited
- Bhartiya Nagarik Suraksha Sanhita — s. 482(2)
- Bhartiya Nyay Sanhita, 2023 — s. 238, 3(5), 80(2)
- Code of Criminal Procedure, 1973 — s. 438(2)
Subjects
- anticipatory bail
- dowry death
- Bhartiya Nyay Sanhita
- Bhartiya Nagarik Suraksha Sanhita
- Section 438 Cr.P.C.
- Section 482
- criminal procedure
- false case
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.72924 of 2025
Arising Out of PS. Case No.-236 Year-2024 Thana- KHIRI MORE District- Patna
======================================================
1. Vijay Chaudhary S/o Shakal Dhari Chaudhary R/o Village- Piyarpara,
PO- Nagata, PS- Paliganj, Distt- Patna
2. Sanjay Chaudhary S/o Shakal Dhari Chaudhary R/o Village-
Piyarpara, PO- Nagata, PS- Paliganj, Distt- Patna
3. Sanjit Chaudhary @ Gorakh Chaudhary S/o Shakal Dhari Chaudhary
R/o Village- Piyarpara, PO- Nagata, PS- Paliganj, Distt- Patna
4. Shanti Devi W/o Sanjit Chaudhary @ Gorakh Chaudhary R/o Village-
Piyarpara, PO- Nagata, PS- Paliganj, Distt- Patna
5. Chinta Devi W/o Sanjay Chaudhary R/o Village- Piyarpara, PO-
Nagata, PS- Paliganj, Distt- Patna
6. Chinta Devi W/o Vijay Chaudhary R/o Village- Piyarpara, PO-
Nagata, PS- Paliganj, Distt- Patna
... ... Petitioners
Versus
The State of Bihar ... ... Opposite Party
With
CRIMINAL MISCELLANEOUS No. 70650 of 2025
Arising Out of PS. Case No.-236 Year-2024 Thana- KHIRI MORE District- Patna
======================================================
Sita Devi @ Sitapati Devi W/o Sakaldhari Chaudhary R/o Village -
Piyarpura, P.O - Nagata, P.S - Paliganj, District - Patna, Pin - 804423
... ... Petitioner
Versus
The State of Bihar Patna
... ... Opposite Party
======================================================
Appearance :
(In CRIMINAL MISCELLANEOUS No. 72924 of 2025)
For the Petitioner/s : Mr.Pratik Kumar Sinha, Advocate
For the Opposite Party/s : Mr.Dr.Mrityunjaya Kr.Gautam, APP
(In CRIMINAL MISCELLANEOUS No. 70650 of 2025)
For the Petitioner/s : Mr.Pratik Kumar Sinha, Advocate
For the Opposite Party/s : Mr.Satyendra Prasad, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE CHANDRA SHEKHAR JHA
ORAL ORDER
5 19-01-2026 Heard learned counsel for the petitioners and learned
A.P.P. for the State in both these anticipatory bail petitions.
Patna High Court CR. MISC. No.72924 of 2025(5) dt.19-01-2026
2/4
2. The accused-petitioners, named in the F.I.R., are
apprehending their arrest in connection with Khirimore
(Piyarpura) P.S. Case No. 236 of 2024 registered for the
offences punishable under Sections 80(2), 238, 3(5) of the
Bhartiya Nyay Sanhita, 2023 (in short, the ‘B.N.S.’).
3. The allegation against the petitioners is to cause
death of daughter of the informant due to non-fulfillment of
demand of dowry as asked for a cash of Rs. 50,000/- and one
motorcycle.
4. Learned counsel appearing on behalf of the
petitioners submitted that allegation is available against the
husband with whom the daughter of informant was living
separately, who is in custody. It is submitted that even the
father-in-law is in custody and to harass the entire relatives,
who are living separately and had no concern with their daily
and domestic affairs with the deceased daughter of the
informant and her husband, the present false case has been
lodged. It is submitted that the maximum of co-accused are the
female family members of the husband family.
5. It is pointed out that allegation qua raising demand of
dowry is appearing very much general and omnibus against the
Patna High Court CR. MISC. No.72924 of 2025(5) dt.19-01-2026
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petitioners and they implicated only being the relatives of
husband of the deceased. Arguing further, it is submitted that
even during course of investigation, it surfaced that these
petitioners were living separately.
6. While opposing the prayer of anticipatory bail of the
petitioners, Mr. Sitaram Prasad, learned counsel appearing for
the informant, submitted that petitioners were actively involved
in the alleged occurrence, where the dead body of daughter of
the informant was recovered from a river-bed after five months,
however, it is conceded that no forensic report/post-mortem
report of the deceased daughter of the informant is available on
record, ascertaining cause of death as the dead body of
deceased daughter of the informant was recovered in highly
decomposed condition.
7. Taking contrary to the submission, it is submitted by
learned counsel for the petitioners that out of confession of
husband of the deceased, it appears that due to domestic
affairs, the deceased daughter of the informant, who was a
short tampered lady, committed suicide by hanging herself with
ceiling fan.
8. In view of aforesaid factual submission and by taking
Patna High Court CR. MISC. No.72924 of 2025(5) dt.19-01-2026
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note of the fact as allegation qua committing cruelty and
demand of dowry appears very much general and omnibus
against the petitioners who are relatives of the husband of the
deceased claiming to live separately and are of clean
antecedents, accordingly, petitioners (in Cr. Misc. No. 72924
of 2025) namely, Vijay Chaudhary; Sanjay Chaudhary; Sanjit
Chaudhary; Shanti Devi and; Chinta Devi, wife of Vijay
Chaudhary; and petitioner (in Cr. Misc. No. 70650 of 2025)
namely, Sita Devi @ Sitapati Devi, in the event of their
arrest/surrender within a period of four weeks from this order,
are directed to be enlarged on bail on furnishing of bail bond of
Rs.10,000/- (ten thousand only) each with two sureties of the
like amount each to the satisfaction of learned Judicial
Magistrate - 1st Class, Danapur, Patna /concerned court in
connection with Khirimore P.S. Case No. 236 of 2024, subject
to the conditions as laid down under Section 438(2) of the
Cr.P.C/Section 482(2) of the Bhartiya Nagarik Suraksha
Sanhita (in short “B.N.S.S.”).
(Chandra Shekhar Jha, J)
Rajeev/-
U T
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