Patna High Court
Sharmila DeviversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- PRABHAT KUMAR SINGH
Holding
The court granted anticipatory bail to the petitioners, subject to bail bond and sureties, under Section 482(2) of the B.N.S.S.
Summary
The petitioners, Sharmila Devi and Prince Kumar, who are relatives of a deceased woman, sought anticipatory bail fearing arrest in a dowry death case registered under Sections 80 and 3(5) of the B.N.S. The prosecution alleged that the petitioners participated in torture and murder of the victim for dowry demands, but the petitioners contended they were falsely implicated, had no specific allegations against them, and the informant was not an eye‑witness. The State opposed the bail application. The court examined the general and omnibus nature of the accusations and the lack of specific overt acts attributed to the petitioners. Finding insufficient basis to deny bail, the court allowed the anticipatory bail with a bail bond of Rs.10,000 and two sureties, subject to conditions under Section 482(2) of the B.N.S.S.
Issues considered
- Whether anticipatory bail can be granted to the petitioners in a dowry death case where the allegations are general and lack specific overt acts.
- Whether the petitioners can be implicated solely on familial relationship without concrete evidence.
Legislation cited
Subjects
- dowry death
- anticipatory bail
- Section 80
- Section 3(5)
- Section 482(2)
- false implication
- criminal procedure
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.7816 of 2026
Arising Out of PS. Case No.-109 Year-2025 Thana- HALAI District- Samastipur
======================================================
1. Sharmila Devi Son of Pramod Ray @ Pramod Kumar Ray R/o Village -
Banbira Thutha, P.S. - Halai, Distt. - Samastipur.
2. Prince Kumar Son of Pramod Ray @ Pramod Kumar Ray R/o Village -
Banbira Thutha, P.S. - Halai, Distt. - Samastipur.
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioners : Ms. Khushi Awadh, Advocate
For the State : Mr. Ram Priya Sharan Singh, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH
ORAL ORDER
2 20-02-2026 Heard learned counsel appearing on behalf of the
petitioners and learned APP appearing on behalf of the State.
2. The petitioners apprehend their arrest in a case
registered for the offence punishable under Sections 80 and 3(5)
of the B.N.S..
3. It is a case of dowry death. As per prosecution case,
informant alleged that marriage of his sister was solemnized
with co-accused Ramesh Kumar Ray in the year 2020 as per
Hindu rites and rituals and thereafter, all the F.I.R. named
accused persons, including these petitioners, committed torture
and harassment with the victim due to non-fulfillment of
demand of dowry and subsequently, all the accused persons
Patna High Court CR. MISC. No.7816 of 2026(2) dt.20-02-2026
2/3
committed murder of the victim.
4. It is submitted by learned counsel appearing on
behalf of the petitioners that petitioners are quite innocent and
have committed no offence. Petitioners have falsely been
implicated in this case merely because Petitioner No. 1 happens
to be cousin mother-in-law and Petitioner No. 2 happens to be
cousin brother-in-law of the deceased. Petitioners are separate in
mess and property and have got no concern with the affairs of
the deceased and her husband. Informant is not an eye witness
of the alleged occurrence. Allegation of demand of dowry is
general and omnibus and no specific accusation of overt act has
been alleged against these petitioners. Thrust of accusation is
against husband of deceased who is already in custody since
31.07.2025.
5. Learned A.P.P. for the State has vehemently
opposed the prayer for grant of anticipatory bail to the
petitioners.
6. Considering the facts and circumstances of the case
and general and omnibus nature of accusation, the prayer for
grant of anticipatory bail to the petitioners is allowed.
7. Accordingly, in the event of arrest/surrender within
a period of eight weeks from today, let the above named
Patna High Court CR. MISC. No.7816 of 2026(2) dt.20-02-2026
3/3
petitioners be enlarged on bail on furnishing bail-bond of Rs.
10,000/- (ten thousand) each with two sureties of the like
amount each to the satisfaction of learned Judicial Magistrate-Ist
Class, Patori, District- Samastipur in connection with Halai P.S.
Case No. 109 of 2025, subject to condition as laid down under
Section 482(2) of the B.N.S.S..
(Prabhat Kumar Singh, J)
shashank/-
U T
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