Patna High Court
Savitri DeviversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- PRABHAT KUMAR SINGH
Holding
Anticipatory bail is granted as the petitioner has no direct involvement in the alleged offence and the principal accused is already in custody, with the death appearing to be suicide.
Summary
Savitri Devi, the mother‑in‑law of a deceased woman, sought anticipatory bail after being implicated in a dowry‑death case under Sections 80(2) and 3(5) of the Bharatiya Nyaya Sanhita. The prosecution alleged that she, along with other accused, killed the daughter‑in‑law for non‑payment of dowry, while the petitioner claimed she had no involvement, maintained a separate property, and possessed a clean record. The deceased’s death was recorded as suicide by hanging according to the post‑mortem report, and the husband of the deceased was already in custody. The court examined the nature of the accusation, the petitioner’s lack of direct participation, and the fact that the principal accused was detained. Considering these factors, the court granted anticipatory bail subject to a bond, sureties, and conditions under Section 482(2) of the BNSS.
Issues considered
- Whether anticipatory bail can be granted to a person accused under Sections 80(2) and 3(5) of the Bharatiya Nyaya Sanhita in a dowry‑death case
- Whether the petitioner’s alleged lack of involvement and the custody of the principal accused justify bail
- Whether Section 482(2) of the BNSS permits the grant of anticipatory bail in such circumstances
Legislation cited
- Bharatiya Nyaya Sanhita — s. 3(5), 482(2), 80(2)
Subjects
- dowry death
- anticipatory bail
- Bharatiya Nyaya Sanhita
- Section 482
- criminal procedure
- suicide
- bail conditions
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.79955 of 2025
Arising Out of PS. Case No.-43 Year-2025 Thana- Mathurapur District- Samastipur
======================================================
Savitri Devi Wife of Rajendra Sah R/o Village- Mathurapur Sonatola, P.S.-
Mathurapur, District- Samastipur
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Abhay Shanker Singh, Advocate
For the Opposite Party/s : Md. Nazir Ansari, A.P.P.
For the Informant : Mr. Chandra Shekhar Anand, Advocate
======================================================
CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH
ORAL ORDER
3 31-03-2026 Heard learned counsel for the petitioner, informant
and learned A.P.P. for the State.
2. Petitioner apprehends arrest in a case registered for
the offences punishable under Sections 80(2), 3(5) of the
Bharatiya Nyaya Sanhita.
3. It is case of dowry death. Prosecution case, in brief,
is that marriage of the daughter of informant was solemnized
with co-accused Suraj Kumar in the year 2022 and thereafter, all
the F.I.R. named accused persons, including this petitioner,
killed her due to non-fulfillment of demand of dowry.
4. Learned counsel for the petitioner submits that
petitioner is innocent and has committed no offence. Petitioner
is mother-in-law of the deceased and she is simply victim of
over-implication. Allegation against petitioner is general and
Patna High Court CR. MISC. No.79955 of 2025(3) dt.31-03-2026
2/2
omnibus. Petitioner is separate in mess and property and has got
no concern with family affairs of the deceased. He further
submits that thrust of accusation is against husband of the
deceased who is already in custody since 09.05.2025. As a
matter of fact, deceased herself committed suicide and as per
post-mortem report also, cause of death is Asphyxia due to
hanging. Petitioner claims clean antecedent.
5. Learned counsel for the informant vehemently
opposed the bail application.
6. Considering nature of accusation and the fact that
husband of the deceased in already in custody, this anticipatory
bail is allowed and it is ordered that let the above named
petitioner in the event of her arrest/surrender before the court
below within a period of eight weeks from today, be enlarged on
bail on furnishing bail-bond of Rs. 10,000/- (ten thousand) with
two sureties of the amount each to the satisfaction of learned
Judicial Magistrate, 1st Class, Samastipur in connection with
Mathurapur P. S. Case No. 43 of 2025, subject to conditions
laid down under Section 482(2) BNSS.
(Prabhat Kumar Singh, J)
Navya/-
U T
Checking your session…