Patna High Court
Sugiya DeviversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- SATYAVRAT VERMA
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
- Code of Criminal Procedure, 1973 — s. 438(2)
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
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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
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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
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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
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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
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