Patna High Court
Anita DeviversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- PRABHAT KUMAR SINGH
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
- BNS — s. 3(5), 351(2), 352, 80(2)
- BNSS, 2023 — s. 482(2)
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
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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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