Created by Fuzzy Cloud

Patna High Court

Sugiya DeviversusThe State of Bihar

Decided
Disposal
BAIL GRANTED

Holding

The High Court granted anticipatory bail to the petitioners subject to the conditions prescribed under Section 438(2) Cr.P.C. and Section 482(2) BNSS.

Summary

The petitioners, five women related to the deceased, applied for anticipatory bail fearing arrest in a dowry‑death case registered under Sections 80(2) and 3(5) of the BNS. They contended that the informant was not an eyewitness, the allegations were vague and omnibus, and that they had clean antecedents and would cooperate with the investigation. The State opposed the bail, arguing the seriousness of the offences and the risk of tampering with evidence. The Court examined the submissions, noting the lack of direct evidence against the petitioners and the possibility of their cooperation. It therefore ordered that, should they be arrested or surrender within six weeks, they be released on anticipatory bail upon furnishing bail bonds and sureties, subject to the conditions of Section 438(2) Cr.P.C. and Section 482(2) BNSS.

Issues considered

  • Whether anticipatory bail can be granted to the petitioners under Section 438 Cr.P.C. in a dowry‑death case under Sections 80(2) and 3(5) of the BNS.
  • Whether the petitioners are likely to abscond or tamper with evidence.
  • Whether the allegations in the FIR are sufficient to deny anticipatory bail.

Legislation cited

Subjects

  • anticipatory bail
  • dowry death
  • Section 438 Cr.P.C.
  • Section 80(2) BNS
  • Section 3(5) BNS
  • high court
  • bail conditions
  • women defendants

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.81002 of 2025
                       Arising Out of PS. Case No.-120 Year-2025 Thana- Mufassil District- Khagaria
                 ======================================================
           1.     Sugiya Devi D/o Jagat Yadav, W/o Sajan Kumar Resident of Village-
                  Haripur, P.S.-Salkhua, Distict-Saharsa.
           2.    Anupam Kumari W/o Sanjeet Yadav Resident of Village-Barkhandi Tola,
                 P.S.-Muffasil, District-Khagaria.
           3.    Priyanka Kumari W/o Brajesh Yadav Resident of Village-Barkhandi Tola,
                 P.S.-Muffasil, District-Khagaria.
           4.    Mausham Kumari W/o Ajeet Yadav @ Awdhesh Yadav Resident of Village-
                 Barkhandi Tola, P.S.-Muffasil, District-Khagaria.
           5.     Sulekha Devi W/o Jagat Yadav Resident of Village-Barkhandi Tola, P.S.-
                  Muffasil, District-Khagaria.
                                                                          ... ... Petitioner/s
                                                Versus
                 The State of Bihar
                                                                   ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :        Mr. Rahul Singh, Advocate
                 For the Opposite Party/s :        Mr. Rabindra Kumar, A.P.P.
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA
                                       ORAL ORDER

3   27-01-2026                  1. Heard learned counsel for the petitioners and Mr.

                   Rabindra Kumar, learned A.P.P. for the State.

                                2. The petitioners apprehend their arrest in a case

                   registered for the offences punishable under Sections 80(2) and

                   3(5) of the BNS.

                                3. Learned counsel for the petitioners submits that

                   petitioners are persons with clean antecedent and are women

                   and the informant alleges that his daughter was married to

                   Abhisan Yadav on 02.05.2024 and after four months of the

                   marriage, the accused persons including the petitioners started
Patna High Court CR. MISC. No.81002 of 2025(3) dt.27-01-2026
                                            2/4




          demanding motorcycle and on non-fulfillment of the demand

          the victim was tortured. The victim informed about the torture

          and demand to the informant, hence, the informant went to the

          house of the accused persons and made them understand. It is

          next alleged that the victim was killed by the accused persons

          on 24.08.2025 by hanging her to a fan and on receiving the

          information, he reached the place of occurrence and saw the

          dead body of his daughter lying.

                       4. Learned counsel for the petitioners submits that

          petitioners have been falsely implicated in the instant case by

          the informant. It is further submitted that informant is not an

          eyewitness to the occurrence. It is next submitted that from

          perusal of the allegation as alleged in the FIR, it would manifest

          that allegation of demand of dowry and torture is general and

          omnibus in nature. It is also submitted that if what is being

          alleged is true in that event why no FIR came to be instituted by

          the informant or the victim alleging that dowry is being

          demanded and on account of non-fulfillment of the same, torture

          is being committed. It is further submitted that had the

          petitioners been involved in the occurrence then efforts would

          have made to dispose of the dead body with a view to conceal

          the evidence but then the dead body was sent for postmortem
Patna High Court CR. MISC. No.81002 of 2025(3) dt.27-01-2026
                                            3/4




          for ascertaining the cause of death. It is next submitted that no

          doubt, the death took place within seven years of marriage and

          presumption in law is against the husband and his family

          members but then all deaths are not dowry deaths. It is also

          submitted that whenever any dispute arises in between the

          husband and the wife and the occurrence of the nature as alleged

          takes place the entire family members are implicated in a

          mechanical manner with general and omnibus allegation. It is

          further submitted that petitioners are the sister-in-law (married

          Nanad and Gotani) and the mother-in-law of the deceased. It is

          further submitted that the husband of the deceased is presently

          absconding and efforts are being made to ensure that he

          surrenders or seeks anticipatory bail but then it is reiterated and

          submitted that petitioners are women and they came to be

          implicated in a mechanical manner. It is next submitted that

          petitioners will not abscond rather will cooperate in the

          investigation to prove their innocence.

                       5. Mr. Rabindra Kumar, learned A.P.P. for the State

          opposes the prayer for anticipatory bail of the petitioners.

                       6. Considering the submissions made by the learned

          counsel for the petitioners, let the petitioners above-named, in

          the event of their arrest or surrender before the learned trial
           Patna High Court CR. MISC. No.81002 of 2025(3) dt.27-01-2026
                                                       4/4




                     court within a period of six weeks from today, be released on

                     anticipatory bail on furnishing bail bonds of Rs.15,000/-

                     (Rupees Fifteen Thousand) each with two sureties of the like

                     amount each to the satisfaction of the learned trial court where

                     the case is pending/Successor Court in connection with

                     Khagaria Mufassil P.S. Case No. 120 of 2025, subject to the

                     conditions as laid down under Section 438(2) of the

                     Cr.P.C./482(2) of the BNSS.


                                                                          (Satyavrat Verma, J)

Kundan/-

U     T


Continue reading with your account

Sign in to read the full judgment. It’s free.

Sign in to read

Checking your session…

Lawyer court records for this case

Associated through the court’s case reference.

For a signed copy suitable for filing, refer to the court's website.