Created by Fuzzy Cloud

Patna High Court

Mina Devi @ Nirmala Devi @ Mira DeviversusThe State of Bihar

Decided
Disposal
BAIL GRANTED

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

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-
Patna High Court CR. MISC. No.7566 of 2026(2) dt.04-02-2026
                                            2/3




          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
              Patna High Court CR. MISC. No.7566 of 2026(2) dt.04-02-2026
                                                          3/3




                        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


Continue reading with your account

Sign in to read the full judgment. It’s free.

Sign in to read

Checking your session…

For a signed copy suitable for filing, refer to the court's website.