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Patna High Court

Sharmila DeviversusThe State of Bihar

Decided
Disposal
BAIL GRANTED

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
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          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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