Patna High Court
Geeta DeviversusThe State of Bihar
- Decided
- Disposal
- ALLOWED
- Bench
- SUNIL DUTTA MISHRA
Holding
The court held that the petitioners are entitled to anticipatory bail subject to the conditions imposed under Section 482(2) of the Bharatiya Nagarik Suraksha Sanhita, 2023.
Summary
The petitioners, Geeta Devi and Shyam Bihari Verma, parents of the husband of a deceased woman, sought anticipatory bail fearing arrest in a dowry‑related case (PS 235 of 2025) filed under Sections 80 and 3(5) of the Bharatiya Nagarik Suraksha Sanhita, 2023. The prosecution alleged that the victim was tortured for dowry, assaulted and eventually killed, with an FIR lodged by her sister‑in‑law. The petitioners contended they were innocent, lived separately from the victim’s family, had clean antecedents, and that the post‑mortem suggested suicide; they also highlighted that a co‑accused had already been granted anticipatory bail. The State opposed the bail. Considering the circumstances, the court granted anticipatory bail subject to a bail bond of Rs 10,000 with two sureties and conditions under Section 482(2) of the Act.
Issues considered
- Whether the petitioners are entitled to anticipatory bail under Section 482(2) of the Bharatiya Nagarik Suraksha Sanhita, 2023.
- Whether there exists a prima facie case justifying their arrest in the dowry‑death matter.
- Whether the conditions for granting anticipatory bail are satisfied.
Legislation cited
- Bharatiya Nagarik Suraksha Sanhita, 2023 — s. 3(5), 482(2), 80
Subjects
- anticipatory bail
- dowry death
- Section 482
- bail conditions
- criminal procedure
- Bharatiya Nagarik Suraksha Sanhita
- domestic violence
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.79231 of 2025
Arising Out of PS. Case No.-235 Year-2025 Thana- KHUSRUPUR District- Patna
======================================================
1. Geeta Devi W/o Shyam Bihari Verma R/o Village- Nimtal New Colony,
Khusrupur, Police station- Khusrupur District- Patna
2. Shyam Bihari Verma S/o late Nawal Kishore Sao R/o Village- Nimtal New
Colony, Khusrupur, Police station- Khusrupur District- Patna
... ... Petitioner/s
Versus
The State of Bihar.
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Tej Narayan Singh, Advocate.
For the Opposite Party/s : Mr. Anish Chandra, A.P.P.
======================================================
CORAM: HONOURABLE MR. JUSTICE SUNIL DUTTA MISHRA
ORAL ORDER
2 05-01-2026 1. Heard learned counsel for the petitioners and
learned A.P.P. for the State.
2. The petitioners apprehend their arrest in connection
with Khusrupur P.S. Case No.235 of 2025 instituted under
Sections 80, 3(5) of the B.N.S., 2023.
3. As per the prosecution case, the daughter of the
informant was married to co-accused Raju in the year 2019,
after marriage the accused persons used to torture the daughter
of informant for dowry. It is alleged that two years back the
accused persons had assaulted the victim and had ousted her
from the matrimonial home for which an F.I.R. was instituted by
his sister-in-law (Kusum). It is further alleged that accused
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persons used to call him and Kusum and demanded dowry. On
27.06.2025, the informant received a call from the police
disclosing that his daughter was assaulted and killed.
4. Learned counsel for the petitioners submits that
petitioners are innocent and have been falsely implicated in this
case being the parents of the husband of the victim. He further
submits that petitioners were residing separately from the
deceased and her husband and they have no concern with their
family affairs. Learned counsel submits that the husband of
victim is already in judicial custody and the petitioners are
keeping the three little children of the deceased. He further
submits that in the post-mortem report it is reported cause of
death of deceased as suspected suicide. Learned counsel submits
that similarly situated co-accused namely Golu Verma @ Prince
Kumar @ Prince has already been granted anticipatory bail by
the Co-ordinate Bench of this Court vide order dated 18.11.2025
passed in Cr. Misc. no.74337 of 2025. He further submits that
petitioners have got clean antecedent and they undertake to
cooperate in the trial and investigation of the case and there is
no chance of absconding the petitioner or tampering with the
evidence.
5. Learned A.P.P. for the State opposes the prayer for
Patna High Court CR. MISC. No.79231 of 2025(2) dt.05-01-2026
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anticipatory bail.
6. Considering the facts and circumstances of the case
and submissions of learned counsel for the parties, in the event
of arrest or surrender before the Court below within six weeks
from today, the petitioners be released on bail upon furnishing
bail bonds of Rs.10,000/- (Rupees Ten Thousand) each with two
sureties of the like amount to each to the satisfaction of the
learned J.M. 1st Class, Patna City in connection with Khusrupur
P.S. Case No.235 of 2025, subject to the conditions laid down in
Section 482(2) of the Bharatiya Nagarik Suraksha Sanhita,
2023.
(Sunil Dutta Mishra, J)
Ritik/-
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