Patna High Court
Jiramanni Devi @ Jiramani DeviversusThe State of Bihar
- Decided
- Disposal
- BAIL REJECTED
- Bench
- ALOK KUMAR SINHA
Holding
The Court refused to grant anticipatory bail, holding that the seriousness of the allegations and lack of credible evidence against the petitioners warranted denial of bail.
Summary
The petitioners, Jiramanni Devi and Suresh Kumar, sought anticipatory bail fearing arrest in a dowry‑related murder case registered under Sections 126(2), 115(2), 85, 80, 238 and 3(5) of the BNS, 2023. The prosecution alleged that the sister of the informant was harassed for dowry, subsequently killed, and that the petitioners' names appeared only through unverified information from a local watchman. The petitioners contended that no material evidence linked them to the crime and that the information was inadmissible. The State opposed the bail, emphasizing the seriousness of the offences. The Court, after considering the gravity of the allegations and the lack of substantive evidence against the petitioners, declined to grant anticipatory bail. Consequently, the petitioners' application for anticipatory bail was dismissed.
Issues considered
- Whether anticipatory bail should be granted to the petitioners in a dowry‑death case where the only link is unverified information.
- Whether the uncorroborated testimony of a local watchman constitutes sufficient basis for arrest.
Legislation cited
- BNS, 2023 — s. 115(2), 126(2), 238, 3(5), 80, 85
Subjects
- anticipatory bail
- dowry death
- criminal procedure
- high court
- bail jurisprudence
- evidence
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.7647 of 2026
Arising Out of PS. Case No.-69 Year-2025 Thana- ANTI District- Gaya
======================================================
1. Jiramanni Devi @ Jiramani Devi W/O Suresh Kumar @ Suresh Yadav R/O
Village- Tineri, Police Station- Anti, District- Gaya.
2. Suresh Kumar @ Suresh Yadav S/O Late Patti Yadav R/O Village- Tineri,
Police Station- Anti, District- Gaya.
... ... Petitioner
Versus
The State of Bihar
... ... Opposite Party
======================================================
Appearance :
For the Petitioner/s : Mr. Aryan Singh, Advocate
For the Opposite Party/s : Ms. Sharda Kumari, A.P.P.
======================================================
CORAM: HONOURABLE MR. JUSTICE ALOK KUMAR SINHA
ORAL ORDER
2 17-02-2026 Heard learned Counsel for the petitioners and
learned Additional Public Prosecutor for the State.
2. The petitioners apprehend their arrest in a case
registered for the offences punishable under Sections 126(2),
115(2), 85, 80, 238 and 3(5) of the BNS, 2023.
3. The prosecution story, in brief, is that
informant’s sister marriage was solemnized with Vikas Kumar
on 16.07.2024. Soon after her marriage she had been
continuously harassed and tortured by her in-laws. Whenever he
used to visit his sister in-her laws house, his sister complained
that all her in-laws including her husband made pressure on her
for dowry of Rs. Two lakhs and for vehicle and gold chain. It is
further alleged that when she refused to accede to their demand,
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they all used to assault her. When he tried to intervene and want
to meet his sister at Village Tineri they all scolded him and
expelled him from there. On 01.06.2025 at about 2:30 AM, he
got information that his sister had died in her matrimonial house
and found that no one was present. Subsequently, he found
cremation of her dead body, but no member from matrimonial
house was seen. Thereafter, he was informed by wife of one
Chandan Kumar, that his sister had died and her body was
already cremated. After her death, one of her in-laws informed
him about her death. It is further alleged that all the persons of
her matrimonial house were involved in disposal of her dead
body after killing her for dowry.
4. Learned counsel for the petitioners submits that
the name of the petitioners have surfaced in the case on account
of suspicion. It is next submitted that no recovery has been
made from the physical and conscious possession of the
petitioners. It is further submitted that the name of the
petitioners transpired in this case on the basis of secret
information by local chowkidar which has no evidentiary value.
5. The application is opposed by the learned APP
for the State.
6. Considering the facts and circumstances of the
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present case and the gravity of allegation of the offence, this
Court is not inclined to grant anticipatory bail to the petitioners.
(Alok Kumar Sinha, J)
Gaurav Sinha/-
U T
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