Patna High Court
Sanichari DeviversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- CHANDRA SHEKHAR JHA
Holding
The Court held that bail should be granted to the petitioners subject to the conditions prescribed under Section 482(2) of the BNSS.
Summary
The petitioners, Sanichari Devi, Sanjay Chaudhary and Pradeep Chaudhary, were named in an FIR for the murder of an informant's daughter, alleged to have occurred because of a suspicion of an illicit relationship and a demand for money. The petitioners contended that the FIR did not disclose any prima facie ingredient of a dowry death under Section 304B of the IPC, arguing that the alleged demand was not for dowry and that they, as in‑laws, lived separately from the deceased and her husband. The State opposed bail but could not refute the factual submissions made by the petitioners. The Court, noting the lack of a prima facie case and the petitioners' separate residence, directed that they be released on bail upon furnishing a bond of Rs. 10,000 with two sureties, subject to the conditions of Section 482(2) of the BNSS. The order effectively granted bail while the criminal case remains pending.
Issues considered
- Whether the FIR discloses a prima facie case of dowry death under Section 304B IPC.
- Whether bail should be granted to the petitioners pending trial.
- Whether Section 482(2) of the BNSS can be invoked to condition bail.
Legislation cited
- Bihar Negotiable Securities Act — s. 238(A), 3(5), 482(2), 80
- Indian Penal Code — s. 304B
Subjects
- bail
- dowry death
- Section 304B IPC
- prima facie case
- in‑laws
- murder
- FIR
- Section 482 CrPC
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.78475 of 2025
Arising Out of PS. Case No.-152 Year-2025 Thana- RAFIGANJ District- Aurangabad
======================================================
1. Sanichari Devi Wife of Vijay Chaudhary RO Village - Pogar, P.S. - Rafiganj,
District - Aurangabad.
2. Sanjay Chaudhary Son of Late Karu Chaudhary RO Village - Pogar, P.S. -
Rafiganj, District - Aurangabad.
3. Pradeep Chaudhary @ Pradeep Kumar Son of Vijay Chaudhary RO Village -
Pogar, P.S. - Rafiganj, District - Aurangabad.
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr.Dhirendra Kumar Sinha
For the Opposite Party/s : Mr.Jitendra Kumar Singh
======================================================
CORAM: HONOURABLE MR. JUSTICE CHANDRA SHEKHAR JHA
ORAL ORDER
3 20-02-2026 Heard the parties.
2. The petitioners are named in the F.I.R. and
apprehending their arrest in connection with Rafiganj P.S.
Case No. 152 of 2025 registered for the offences punishable
under Sections 238(A), 80, 3(5) of BNS.
3. As per FIR, petitioners alongwith his family
members committed murder of the daughter of the informant
in her matrimonial home where informant raised suspicion
that the husband of victim (son-in-law) was in illicit relation
with some unknown and as her daughter failed to fulfill the
Patna High Court CR. MISC. No.78475 of 2025(3) dt.20-02-2026
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demand of money, present occurrence took place.
4. It is submitted by learned counsel appearing on
behalf of the petitioners that upon perusal of FIR, it can be
gathered safely that there is no prima-facie ingredient of
offence as alleged to be committed under Section 304B of
IPC. It is submitted that there is no allegation that any
demand was raised rather a suspicion was raised that the
occurrence took place due to illicit relation of the husband of
the deceased, which was objected by victim/ deceased. It is
submitted that even the demand of money was alleged to be
raised specifically against husband where it is not even clear
that same was demanded as dowry.
5. Arguing further it is submitted that petitioner are
in-laws and they are living separately with deceased and her
husband having no concern with daily and domestic affair
deceased and her husband. While concluding arguments, it is
submitted that petitioners claimed clean antecedent.
6. Learned APP while opposing the prayer of bail
could not disputed aforesaid factual submission.
7. In view of aforesaid factual submission and by
Patna High Court CR. MISC. No.78475 of 2025(3) dt.20-02-2026
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taking note of fact as petitioners are in-laws claimed to live
separately, coupled with the fact that suspicion raised through
FIR that occurrence committed out of illicit relation of
husband of the deceased accordingly above-named
petitioners, in the event of their arrest or surrender before the
court below within a period of four weeks, are directed to be
released on bail, furnishing bail bond of Rs. 10,000/- (Rupees
Ten Thousand) each with two sureties of the like amount each
to the satisfaction of the learned CJM, Aurangabad,
/concerned Court, where the case is pending in connection
with Rafiganj P.S. Case No. 152 of 2025, subject to the
conditions as laid down under Section 482(2) of BNSS.
(Chandra Shekhar Jha, J)
Sudha/-
U T
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