Patna High Court

Bebi DeviversusThe State of Bihar

Decided: 16 January 2026
Disposal: BAIL GRANTED
Bench: PRABHAT KUMAR SINGH

Holding

Anticipatory bail was granted to the petitioners subject to conditions under Section 482(2) of the BNSS 2023.

Summary

The petitioners, Bebi Devi and Bal Gobind, sought anticipatory bail in a dowry death case where the deceased's husband was already in custody. The FIR alleged that the deceased was tortured and killed by her marital family, and the petitioners, being relatives of the deceased, claimed they had no involvement and possessed clean antecedents. The State opposed the bail, arguing the seriousness of the offences under Sections 80, 238 and 3(5) of the BNS Act. The Court, after considering the petitioners' clean record and lack of direct connection to the crime, ordered that they be released on anticipatory bail if arrested within eight weeks, upon furnishing bail bonds and sureties, subject to conditions under Section 482(2) of the BNSS 2023. The order effectively granted the bail petition with stipulated conditions.

Issues considered

Whether anticipatory bail can be granted to the petitioners under Sections 80, 238 and 3(5) of the BNS Act in a dowry death case.
Whether the petitioners' clean antecedent and lack of involvement justify the grant of anticipatory bail.
Whether Section 482(2) of the BNSS 2023 can be invoked to impose conditions on the anticipatory bail.

Legislation cited

BNS — s. 238, 3(5), 80
BNSS, 2023 — s. 482(2)

Subjects

dowry death
anticipatory bail
Section 80 BNS
Section 238 BNS
Section 3(5) BNS
clean antecedent
Section 482(2) BNSS 2023
criminal procedure

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.76455 of 2025
                       Arising Out of PS. Case No.-23 Year-2025 Thana- Gokhulpur District- Nalanda
               ======================================================
           1 . Bebi Devi W/o Mantu Bind R/o Village- Bhatha, PS- Gokulpur, District-
                Nalanda
           2.    Bal Gobind S/o Lathur Bind R/o Village- Bhatha, PS- Gokulpur, District-
                 Nalanda

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

                                                        ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :         Mr. Anil Kumar Singh, Advocate
                 For the Opposite Party/s :         Mr. Shahabuddin Azeem @ S. Azeem , APP
                 For informant            :         Mr. Aayushman, Advocate
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH
                                       ORAL ORDER

2   16-01-2026                                Heard learned counsel for the petitioners and

                   learned A.P.P. for the State.

                             2. The petitioners apprehend their arrest in a complaint

                   case punishable for the offence under Sections 80, 238 and and

                   3(5) of BNS.

                             3 . As per allegation in the F.I.R., it is a case of dowry

                   death . Allegedly, daughter of the informant was married in the

                   year 2022 /23 to Rajiv Kumar. Allegedly, all the family

                   members of her matrimonial home used to torture her on regular

                   basis. Ultimately , they killed her by pressing her neck and

                   disposed of her dead body .

                        4. Petitioner no. 1 is elder gotani and petitioner no. 2 is co-
            Patna High Court CR. MISC. No.76455 of 2025(2) dt.16-01-2026
                                                        2/2




                      villager of the deceased. They are simply victim of over

                      implications. Allegation is general and omnibus against them.

                      Petitioners are separate in mess and property and have got no

                      concern with deceased and her husband. Thrust of the

                      accusation is against husband of the deceased who is already in

                      custody . Petitioners claim clean antecedent.

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

                      prayer for anticipatory bail of petitioners.

                                   6. However, considering the aforesaid facts, clean

                      antecedent of these petitioners and other circumstances of the

                      case , 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 Judicial Magistrate Ist Class, Nalanda at

                      Biharsharsharif in connection with Gokulpur P.S. Case No. 23

                      of 2025 , subject to condition as laid down under Section 482

                      ( 2 ) of BNSS 2023 .



                                            (Prabhat Kumar Singh, J)
Koushik/-

U      T

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