Patna High Court
Mina Devi @ Nirmala Devi @ Mira DeviversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- SONI SHRIVASTAVA
Holding
The Court granted anticipatory bail to the petitioners subject to stipulated conditions.
Summary
The petitioners, who are the mother‑in‑law, father‑in‑law and brother‑in‑law of a deceased woman, sought anticipatory bail in a case registered under Sections 85, 123 and 3(5) of the Bharatiya Nagarik Suraksha Sanhita (BNSS) alleging dowry demand, cruelty and administration of poison. They contended that the allegations were vague, the victim herself had taken poison due to mental health issues, the FIR was lodged four months after the alleged incident, and the victim’s husband was already in judicial custody. The State opposed the bail on the basis of the FIR allegations. The Court, noting the general nature of the accusations, the delay in filing the FIR, the separate residence of the petitioners and the husband’s custody, granted anticipatory bail subject to a bail bond of Rs 10,000 each with two sureties and compliance with conditions under Section 438(2) CrPC and Section 482(2) BNSS, to be surrendered within four weeks of arrest.
Issues considered
- Whether anticipatory bail should be granted to the petitioners despite the FIR alleging dowry‑related cruelty and poisoning.
- Whether the delay in lodging the FIR and the nature of the allegations justify granting bail.
Legislation cited
- Bharatiya Nagarik Suraksha Sanhita — s. 123, 3(5), 482(2), 85
- Code of Criminal Procedure, 1973 — s. 438(2)
Subjects
- anticipatory bail
- dowry harassment
- cruelty
- poisoning
- delay in FIR
- BNSS
- CrPC
- family law
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.7566 of 2026
Arising Out of PS. Case No.-357 Year-2025 Thana- BANKA District- Banka
======================================================
1. Mina Devi @ Nirmala Devi @ Mira Devi W/O Shivshankar Panjiyara
Resident of Village- Laheta, P.S. and PO- Banka, District- Banka.
2. Shivshankar Panjiyara S/O Dukhan Panjiyara R/O Village- Laheta, P.S and
P.O- Banka, Distt.- Banka.
3. Pritam Kumar @ Goutam S/O Shivshankar Panjiyara R/O Village- Laheta,
P.S and P.O- Banka, Distt.- Banka.
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Ajit Kumar, Advocate
For the Opposite Party/s : Mrs. Renu Kumari, APP
======================================================
CORAM: HONOURABLE JUSTICE SMT. SONI SHRIVASTAVA
ORAL ORDER
2 04-02-2026 Heard learned counsel for the petitioners and learned
A.P.P. for the State.
2. The petitioners apprehend their arrest in a case
registered for the offences punishable under Sections 85, 123
and 3(5) of the B.N.S.
3. The allegation in the First Information Report is
with regard to demand of dowry subjecting niece of the
informant to cruelty on account of non-fulfillment of demand of
dowry and also administering poison to her.
4. Learned counsel for the petitioners submits that
the petitioners are the mother-in-law, father-in-law and brother-
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in-law of the victim and there are only general and omnibus
allegations against them. As a matter of fact, the victim herself
consumed poison on account of her poor mental health and the
present case is filed by the uncle of the victim. The F.I.R. has
also been lodged after a delay of almost four months inasmuch
as, while the knowledge of administration of poison was
received on 26.04.2025, the F.I.R. was lodged on 14.08.2025,
for which no explanation has been tendered. Moreover, it has
been submitted on behalf of the petitioners that the husband of
the deceased is already in judicial custody.
5. Learned APP for the State opposed the prayer for
anticipatory bail on the basis of allegations made in the First
Information Report.
6. Taking into consideration the facts and
circumstances and considering the fact that there are general and
omnibus allegations against the petitioners, who are the in-laws
of the victim, who are residing separately, coupled with the
factum of delay and also considering that the husband of the
deceased, who is primarily responsible for the welfare of his
wife, is in judicial custody, let the above named petitioners, be
released on bail, in the event of their arrest or surrender before
the learned Court below within a period of four weeks from
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today, on furnishing bail bond of Rs. 10,000/- (Rupees Ten
Thousand) each with two sureties of the like amount each to the
satisfaction of the learned Court below where the case is
pending/successor Court in connection with Banka P.S. Case
No. 357 of 2025, subject to the condition as laid down under
Section 438 (2) of the Cr.P.C/ Section 482 (2) of the Bharatiya
Nagarik Suraksha Sanhita (BNSS), 2023.
(Soni Shrivastava, J)
anand/-
U T
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