Patna High Court
Madhuri DeviversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- PRABHAT KUMAR SINGH
Holding
Anticipatory bail was granted to the petitioner.
Summary
The petitioner, Madhuri Devi, sought anticipatory bail after being implicated in a dowry death case registered under Sections 80 and 3(5) of the B.N.S. The prosecution alleged that she, along with other accused, tortured and murdered the victim for dowry demands, but the petitioner argued she was merely the sister‑in‑law of the deceased and had no involvement. Her counsel highlighted the general and omnibus nature of the accusation, her clean antecedents, and the lack of any specific overt act attributed to her. The State and the informant opposed the bail, insisting on the seriousness of the charges. The Court, considering the lack of specific allegations against the petitioner and her spotless record, allowed the anticipatory bail with a bond of Rs.10,000 and two sureties, subject to Section 482(2) of the B.N.S. The order directed that if arrested within eight weeks, she be released on bail under the stipulated conditions.
Issues considered
- Whether anticipatory bail can be granted in a dowry death case where the accusation against the petitioner is general and omnibus.
- Whether the petitioner’s alleged relationship to the victim and clean antecedents justify bail despite charges under Sections 80 and 3(5) of the B.N.S.
- Whether Section 482(2) of the B.N.S. permits the enlargement of bail in the present circumstances.
Legislation cited
- B.N.S. — s. 3(5), 482(2), 80
Subjects
- anticipatory bail
- dowry death
- general and omnibus accusation
- clean antecedents
- Section 482(2)
- bail bond
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.7832 of 2026
Arising Out of PS. Case No.-222 Year-2025 Thana- MAKHDUMPUR District- Jehanabad
======================================================
Madhuri Devi W/o Yogendra Kumar R/o Village - Bhuapur, P.S - Kinjer,
District - Arwal According to FIR R/o Village - Elimpur, P.S - Makhdumpur,
District - Jehanabad
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner : Mr. Sanjay Kumar Singh, Advocate
For the State : Mr. Umeshanand Pandit, APP
For the Informant : Mr. Ashok Kumar, Advocate
======================================================
CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH
ORAL ORDER
2 20-02-2026 Heard Mr. Sanjay Kumar Singh, learned counsel
appearing on behalf of the petitioner, Mr. Umeshanand Pandit,
learned APP appearing on behalf of the State and Mr. Ashok
Kumar, learned counsel appearing on behalf of the informant.
2. The petitioner apprehends her 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 Tuntun Bind in the year 2018 as per Hindu rites
and rituals and thereafter, all the F.I.R. named accused persons,
including this petitioner, committed torture and harassment with
Patna High Court CR. MISC. No.7832 of 2026(2) dt.20-02-2026
2/3
the victim due to non-fulfillment of demand of dowry and
subsequently, all the accused persons committed murder of the
victim.
4. It is submitted by learned counsel appearing on
behalf of the petitioner that petitioner is quite innocent and has
committed no offence. Petitioner has falsely been implicated in
this case merely because she happens to be married sister-in-law
(nanad) of the deceased. Petitioner is separate in mess and
property and has got no concerns 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 this petitioner. Thrust of accusation is
against husband of deceased who is already in custody since
06.11.2025. Petitioner is a lady and claims clean antecedents.
5. Learned A.P.P. for the State and learned counsel for
the informant have vehemently opposed the prayer for grant of
anticipatory bail to the petitioner.
6. Considering the facts and circumstances of the
case, general and omnibus nature of accusation and clean
antecedents of the petitioner, the prayer for grant of anticipatory
bail to the petitioner is allowed.
Patna High Court CR. MISC. No.7832 of 2026(2) dt.20-02-2026
3/3
7. Accordingly, in the event of arrest/surrender within
a period of eight weeks from today, let the above named
petitioner 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 learned Chief Judicial Magistrate,
Jehanabad in connection with Makhdumpur P.S. Case No. 222
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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