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Patna High Court

Madhuri DeviversusThe State of Bihar

Decided
Disposal
BAIL GRANTED

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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