Patna High Court
Anju DeviversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- PRABHAT KUMAR SINGH
Holding
Anticipatory bail was granted to the petitioner subject to bond and surety conditions.
Summary
Anju Devi, the mother‑in‑law of a deceased woman, filed an anticipatory bail application after being implicated in a dowry‑death case under IPC sections 304B and 34 and Sections 3 and 4 of the Dowry Prohibition Act. The prosecution alleged that the petitioner, along with other accused, killed the deceased for non‑payment of dowry, but the petitioner contended she had no involvement and was merely a victim of over‑implication, with the primary accused – the husband of the deceased – already in custody. The State opposed the bail, arguing the seriousness of the offences. The Court noted that the husband’s custody reduced the risk of the petitioner fleeing and, applying Section 482(2) of the Bharatiya Nagarik Suraksha Sanhita, 2023, granted anticipatory bail subject to a bond and sureties. The order directed that if the petitioner is arrested or surrenders within eight weeks, she shall be released on bail under the stipulated conditions.
Issues considered
- Whether anticipatory bail should be granted to the petitioner in a dowry‑death case under IPC 304B/34 and Dowry Prohibition Act Sections 3/4.
- Whether the presence of the primary accused in custody justifies granting bail to the petitioner.
Legislation cited
- Bharatiya Nagarik Suraksha Sanhita, 2023 — s. 482(2)
- Dowry Prohibition Act — s. 3, 4
- Indian Penal Code — s. 304B, 34
Subjects
- dowry death
- anticipatory bail
- IPC 304B
- Dowry Prohibition Act
- high court
- bail jurisprudence
- criminal procedure
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.83435 of 2025
Arising Out of PS. Case No.-137 Year-2024 Thana- BARARI District- Katihar
======================================================
Anju Devi W/o- Late Vijay Yadav Village- Bakia Sukhari PS-Barari Distt-
Katihar
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Rounak Kumar Singh Pankaj, Advocate
For the Opposite Party/s : Mr. Ashok Kumar Singh, A.P.P.
======================================================
CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH
ORAL ORDER
2 06-01-2026 Heard learned counsel for the petitioner and learned
A.P.P. for the State.
2. Petitioner apprehends arrest in a case registered for
the offences punishable under Section 304 (B)/34 of the Indian
Penal Code and Sections 3/4 of the Dowry Prohibition Act.
3. It is a case of dowry death. Prosecution case, in
brief, is that all the F.I.R. named accused persons including this
petitioner killed the sister of informant 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
omnibus. Petitioner is separate in mess and property and has got
Patna High Court CR. MISC. No.83435 of 2025(2) dt.06-01-2026
2/2
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 15.06.2025. Petitioner
claims clean antecedent.
5. Learned A.P.P. for the State vehemently opposed
the bail application.
6. Considering 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 like
amount each to the satisfaction of Chief Judicial Magistrate,
Katihar in connection with Barari P. S. Case No. 137 of 2024,
subject to condition as laid down under Section 482 (2) of
the Bharatiya Nagarik Suraksha Sanhita, 2023.
(Prabhat Kumar Singh, J)
Navya/-
U T
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