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Patna High Court

Anita DeviversusThe State of Bihar

Decided
Disposal
BAIL GRANTED

Holding

The court granted bail to the petitioner subject to a bond and sureties under Section 482(2) of the BNSS 2023.

Summary

Anita Devi, the mother‑in‑law of a woman allegedly killed in a dowry dispute, filed a bail petition after fearing arrest in a case registered under sections 80(2), 352, 351(2) and 3(5) of the BNS. The prosecution alleged that the deceased was harassed and killed for dowry, implicating the petitioner only as a family member with no direct involvement. The petitioner asserted that she had no specific allegation against her and maintained a clean antecedent, while the State opposed bail. The court examined whether the allegations against her were sufficient to deny bail and considered the provisions of Section 482(2) of the BNSS 2023. Finding no direct charge against the petitioner and noting her lack of involvement, the court ordered that she be released on bail upon furnishing a bond of Rs.10,000 with two sureties, subject to the conditions of Section 482(2).

Issues considered

  • Whether the petitioner is entitled to bail despite being named in a dowry‑related murder case.
  • Whether the allegations against the petitioner constitute sufficient ground to deny bail.
  • Application of Section 482(2) of the BNSS 2023 in granting bail.

Legislation cited

Subjects

  • bail
  • dowry death
  • criminal procedure
  • Section 482
  • Bihar Penal Code
  • over‑implication

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.7680 of 2026
                       Arising Out of PS. Case No.-159 Year-2025 Thana- BELAGANJ District- Gaya
                 ======================================================
                 Anita Devi W/O Sidnath Sharma @ Sidnath Singh R/O Village- Kanchanpur,
                 Police Station- Belaganj, District- Gaya, GayaJee

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

                                                        ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :       Mr. Aryan Singh, Advocate
                 For the Opposite Party/s :       Mr. Anish Chandra, APP
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH
                                       ORAL ORDER

2   19-02-2026                          Heard learned counsel for the petitioner and the

                   State .

                                2. Petitioner apprehends arrest in a case registered for

                   the offence punishable under sections 80 (2), 352, 351 (2) and

                   3 (5) of BNS.

                                3 . As per the prosecution case , informant alleged that

                   her niece was married to Pankaj Kumar in the year 2023 as per

                   Hindu rituals. After marriage she had gone to her matrimonial

                   house, where this petitioner along with others used to torture

                   and harass the niece of informant for dowry and ultimately, due

                   to non-fulfillment of the same, accused persons killed the niece

                   of informant.

                                4. Petitioner is mother-in -law of the deceased. She is

                   simply victim of over implications. She is separate in mess and
            Patna High Court CR. MISC. No.7680 of 2026(2) dt.19-02-2026
                                                        2/2




                      property. There is no specific allegation is alleged against her

                      and she has got no concern with the affairs of the couple .

                      Thrust of accusation is against the husband of the deceased who

                      is already in custody since 22.04.2025 . Petitioner claims clean

                      antecedent.

                                   5 . Learned counsel for the State opposes the bail

                      petition .

                                   6. Considering the aforesaid facts and circumstances

                      of the case , in the event of arrest or surrender within eight

                      weeks from today , let this petitioner, as named above, be

                      enlarged on bail on furnishing bail bond of Rs.10,000/-(ten

                      thousand) with two sureties of the like amount each to the

                      satisfaction of the learned Chief Judicial Magistrate Gaya in

                      connection with Belaganj PS Case No. 159 of 2025 , subject to

                      the conditions laid down under section 482 ( 2 ) of BNSS

                      2023 .



                                            (Prabhat Kumar Singh, J)
Koushik/-

U      T


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