Patna High Court
Indu DeviversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- PRABHAT KUMAR SINGH
Holding
The Court allowed the petition for anticipatory bail, finding that the material on record did not justify denial of bail.
Summary
The petitioners, Indu Devi and Sunil Chaudhary, sought anticipatory bail fearing arrest in a case registered under Sections 103(1) and 3(5) of the Bhartiya Nyaya Sanhita for alleged murder of the informant’s daughter and granddaughter over a dowry demand. The FIR alleged that the petitioners, as in‑laws, participated in the killings after a demand for Rs 2 lakhs, a motorcycle, a fridge and a gold chain was not met. The petitioners contended they never demanded dowry and that the deceased had committed suicide, a version supported by an independent witness and a post‑mortem report indicating asphyxia due to hanging. The State opposed the bail application, arguing the seriousness of the alleged offences. Relying on the witness statement, the post‑mortem findings and the petitioners’ clean antecedents, the Court granted anticipatory bail subject to conditions under Section 482 of the Bhartiya Nagrik Suraksha Sanhita.
Issues considered
- Whether anticipatory bail can be granted to the petitioners despite the FIR alleging murder under Sections 103(1) and 3(5) of the Bhartiya Nyaya Sanhita.
- Whether the evidence of suicide and lack of eyewitness testimony negates the likelihood of the petitioners’ involvement in the alleged dowry‑related murder.
Legislation cited
- Bhartiya Nagrik Suraksha Sanhita, 2023 — s. 482
- Bhartiya Nyaya Sanhita — s. 103(1), 3(5)
Subjects
- anticipatory bail
- dowry death
- suicide
- murder allegation
- Section 482
- Bhartiya Nyaya Sanhita
- Bhartiya Nagrik Suraksha Sanhita
- criminal procedure
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.76770 of 2025
Arising Out of PS. Case No.-257 Year-2025 Thana- KALYANPUR District- Samastipur
======================================================
1. Indu Devi Wife of Sunil Chaudhary @ Sunil @ Sunil Sahni Village- Ward
No 12 Maniyarpur PS- Kalyanpur Distt- Samastipur
2. Sunil Chaudhary @ Sunil @ Sunil Sahni Son of Ram Balak chaudhary
Village- Ward No 12 Maniyarpur PS- Kalyanpur Distt- Samastipur
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr.Jitendra Nr. Sinha, Adv.
For the Opposite Party/s : Mr.Sanjay Kumar
======================================================
CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH
ORAL ORDER
3 13-01-2026 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 offence under Sections 103(1), 3(5) of the
Bhartiya Nyaya Sanhita.
3. As per F.I.R., the informant received an information
regarding death of his daughter and maternal grand-daughter
and as such, when informant reached there, he saw both the
dead-bodies. Informant believes that due to non-fulfillment of
demand of Rs. 2 Lakhs, a motorcycle, fridge and a gold chain,
as dowry, all the F.I.R. named accused persons including these
petitioners committed murder of his daughter and maternal
grand-daughter.
Patna High Court CR. MISC. No.76770 of 2025(3) dt.13-01-2026
2/3
4. Petitioner no.1 is mother-in-law and petitioner no. 2
is father-in-law of daughter of informant (deceased). Informant
is not an eye-witness to the occurrence. Petitioners never
demanded any dowry. As a matter of fact, the deceased
committed suicide out of frustration. During investigation, an
independent witness Sita Devi has deposed in paragraph 34 of
the case diary that no one has committed murder of informant’s
daughter and grand-daughter, rather informant’s daughter firstly
tied her daughter Aradhya and son Adarsh with dupatta and
thereafter, she herself committed suicide by hanging herself,
however, her son Adarsh somehow managed to remove dupatta
from his neck and came out of the room by raising alarm. At the
time of incident, none of the accused persons were present in the
house. As per post-mortem report also, the cause of death is
Asphyxia due to hanging. Petitioners claim clean antecedent.
5. Learned A.P.P. for the State has opposed the bail
petition.
6. In the facts and circumstances of the case as well as
statement of independent witness, the prayer for anticipatory
bail of petitioners is allowed. Let the above named petitioners,
in the event of their arrest/surrender within a period of eight
weeks from today, be enlarged on bail on furnishing bail-bonds
Patna High Court CR. MISC. No.76770 of 2025(3) dt.13-01-2026
3/3
of Rs. 10,000/- (ten thousand) each with two sureties of the like
amount each to the satisfaction of learned Chief Judicial
Magistrate, Samastipur in connection with Kalyanpur P.S. Case
No. 257 of 2025, subject to condition as laid down under
Section 482 of the Bhartiya Nagrik Suraksha Sanhita, 2023.
(Prabhat Kumar Singh, J)
anay
U T
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