Patna High Court
Lali DeviversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- PRABHAT KUMAR SINGH
Holding
Anticipatory bail is permissible where the main accusation is against another accused and the petitioners have no substantive involvement, under Section 482(2) of the Bharatiya Nagarik Suraksha Sanhita.
Summary
The petitioners, Lali Devi and Gayatri Devi, sought anticipatory bail in a dowry death case registered under Sections 304B and 34 of the Indian Penal Code. The prosecution alleged that the deceased was murdered due to non‑payment of dowry, implicating several family members. The petitioners contended that they had no involvement, were senior women with clean records, and that the primary accusation was against the deceased's husband who was already in custody. The State opposed the bail, arguing the seriousness of the offence. The Court, noting that the thrust of the accusation lay with the husband and that the petitioners were merely victims of over‑implication, granted anticipatory bail subject to a bail bond and sureties under Section 482(2) of the Bharatiya Nagarik Suraksha Sanhita.
Issues considered
- Whether anticipatory bail can be granted to persons alleged as co‑accused in a dowry death case under IPC Sections 304B and 34.
- Whether the allegations against the petitioners are sufficient to deny anticipatory bail.
- Whether the court can exercise its inherent powers under Section 482(2) of the Bharatiya Nagarik Suraksha Sanhita to grant anticipatory bail.
Legislation cited
- Bharatiya Nagarik Suraksha Sanhita — s. 482(2)
- Indian Penal Code — s. 304B, 34
Subjects
- anticipatory bail
- dowry death
- IPC 304B
- IPC 34
- criminal procedure
- Section 482
- bail bond
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.82786 of 2025
Arising Out of PS. Case No.-123 Year-2024 Thana- JAMOBAZAR District- Siwan
======================================================
1. Lali Devi Wife of Fuleshwar Thakur Resident of Village - Barhoga, Yadav
Barhi Tola, P.S.- Jamo Bazar, District - Siwan
2. Gayatri Devi Wife of Hari Shankar Thakur D/o Fuleshwar Thakur, Resident
of Village - Lohjra, P.S.- Sidhwalia, District - Gopalganj
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Yashraj Bardhan, Adv.
For the Opposite Party/s : Mr. Yogendra Kumar, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH
ORAL ORDER
2 05-01-2026 Heard learned counsel appearing on behalf of the
petitioners and learned APP appearing on behalf of the State.
2. The petitioners apprehend their arrest in a case
registered for the offence punishable under Sections 304B and
34 of the Indian Penal Code.
3. As per prosecution case, it is a case of dowry death.
It is alleged that due to non-fulfillment of demand of dowry, all
the accused persons committed murder of the sister of the
informant.
4. Learned counsel for the petitioners submits that
petitioner No. 1 is mother-in-law of the deceased, she is an old
lady and is suffering from various ailments and petitioner No. 2
Patna High Court CR. MISC. No.82786 of 2025(2) dt.05-01-2026
2/2
is married sister-in-law of the deceased who was living at her
matrimonial house and they have no concern with the allegation
and they are simply victims of over-implication. Moreover,
thrust of accusation is against husband of the deceased who is
already in custody. Allegation is general and omnibus.
Petitioners claim clean antecedent.
5. Learned A.P.P. for the State vehemently opposed
the bail application.
6. Considering the fact that thrust of accusation is
against husband of the deceased, this anticipatory bail is allowed
and it is ordered that let the above named petitioners in the event
of their 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) each with two sureties
of the like amount each to the satisfaction of learned Judicial
Magistrate 1st Class, Siwan in connection with Jamo Bazar P. S.
Case No. 123 of 2024, subject to condition as laid down under
Section Section 482(2) of the Bharatiya Nagarik Suraksha
Sanhita.
(Prabhat Kumar Singh, J)
shivam/-
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