Patna High Court
Shiv Kumari Devi @ Shiv Kumari @ Makhola Devi @ Mashola DeviversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- PRABHAT KUMAR SINGH
Holding
The Court granted anticipatory bail to the petitioners subject to the stipulated bond and conditions.
Summary
The petitioners, who are the mother‑in‑law, father‑in‑law, sister‑in‑law and brother‑in‑law of a woman allegedly killed in a dowry‑related murder, sought anticipatory bail fearing arrest in a case under IPC Section 304B and Sections 3 and 4 of the Dowry Prohibition Act. The prosecution alleged that the deceased was subjected to cruelty and dowry harassment by her husband and co‑accused, leading to her death on 13‑10‑2023. The petitioners contended they had no involvement in the family affairs and were separate in mess and property. The State opposed the bail, arguing the seriousness of the offences. The Court, after considering the facts, granted anticipatory bail to the 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 of the B.N.S.S., 2023.
Issues considered
- Whether anticipatory bail can be granted to the petitioners under Section 438 Cr.P.C. in a dowry‑death case
- Whether the petitioners are likely to be involved in the alleged offences under IPC 304B and the Dowry Prohibition Act
- Whether the conditions imposed under Section 438(2) Cr.P.C. and Section 482 B.N.S.S., 2023 are sufficient to safeguard the investigation
Legislation cited
- B.N.S.S., 2023 — s. 482
- Code of Criminal Procedure, 1973 — s. 438(2)
- Dowry Prohibition Act — s. 3, 4
- Indian Penal Code — s. 304B
Subjects
- anticipatory bail
- dowry death
- IPC 304B
- Dowry Prohibition Act
- Section 438 CrPC
- Section 482 B.N.S.S.
- criminal procedure
- bail conditions
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.72830 of 2025
Arising Out of PS. Case No.-340 Year-2023 Thana- DULHIN BAZAR District- Patna
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1. Shiv Kumari Devi @ Shiv Kumari @ Makhola Devi @ Mashola Devi W/O
Sunil Kumar @ Sunil Prasad R/O Vill.- Sarkuna, Dulhin Bazar, Dist.- Patna
2. Sunil Kumar @ Sunil Prasad S/O Late Kamla Yadav R/O Vill.- Sarkuna,
Dulhin Bazar, Dist.- Patna
3. Nikki Kumari D/O Sunil Kumar @ Sunil Prasad R/O Vill.- Sarkuna, Dulhin
Bazar, Dist.- Patna
4. Brajesh Kumar @ Nand S/O Sunil Kumar @ Sunil Prasad R/O Vill.-
Sarkuna, Dulhin Bazar, Dist.- Patna
... ... Petitioner/s
Versus
1. The State of Bihar
2. Rudal Kumar S/O Ramashish Prasad @ Matur Yadav R/O Vill.- Tarpura,
P.S.- Masaudhi, Dist.- Patna
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr.Jagjit Roshan, Advocate
For the Opposite Party/s : Mr.Uma Shankar Prasad Singh, APP
Mr.Girish Chandra Jha,Adv.for OP-2
======================================================
CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH
ORAL ORDER
3 27-02-2026 Heard learned counsel for the petitioners, learned
A.P.P. for the State and learned counsel for opposite party no. 2.
2. The petitioners apprehend their arrest in a case,
registered for the offence under Section 304(B) of the Indian
Penal Code and Sections 3 / 4 of the Dowry Prohibition Act.
3. As per prosecution case, sister of informant was
married with co-accused Santosh Kumar in the year 2019 and
after the marriage, she was subjected to cruelty and harassment
by the accused persons for dowry and ultimately, on 13.10.2023,
she was killed by the accused persons.
4. Petitioner no. 1 is mother-in-law, petitioner no. 2 is
Patna High Court CR. MISC. No.72830 of 2025(3) dt.27-02-2026
2/2
father-in-law, petitioner no. 3 is unmarried sister-in-law and
petitioner no. 4 is brother-in-law of the deceased. There is
general and omnibus allegation. Thrust of the accusation is
against husband of the deceased, who is already in custody since
18.02.2026. Petitioners are separate in mess and property and
have got no concern with the family affairs of deceased and her
husband.
5. Learned A.P.P. for the State opposes the prayer for
anticipatory bail of petitioners.
6. Considering the aforesaid facts and circumstances,
let the above named petitioners, in the event of arrest/surrender
within a period of eight weeks from today, be enlarged on bail
on furnishing bail-bonds of Rs. 10,000/- (ten thousand) each
with two sureties of the like amount each to the satisfaction of
learned J.M. 1st Class, Danapur (Patna) / concerned Court in
connection with Dulhin Bazar P.S. Case No. 340 of 2023,
subject to condition as laid down under Section 438(2) of the
Cr.P.C. / Section 482 of the B.N.S.S., 2023.
(Prabhat Kumar Singh, J)
anay
U T
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