Patna High Court
Rekha Devi @ Rekha KumariversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- PRABHAT KUMAR SINGH
Holding
The Court held that anticipatory bail is appropriate and granted it subject to the stipulated conditions.
Summary
Petitioners Rekha Devi and Saroj Rai were implicated in a dowry death case under Sections 80, 238, 61(2) and 3(5) of the Bharatiya Nyaya Sanhita. They contended that they were innocent, that the FIR indicated a suicide, and that the allegations against them were vague and over‑broad. The State opposed the anticipatory bail, arguing the seriousness of the charges. The High Court examined the material on record, the nature of the accusations, and the provisions of Section 482(2) of the Bharatiya Nagarik Suraksha Sanhita, 2023. Finding insufficient grounds to deny bail and noting the petitioners’ clean antecedents, the Court granted anticipatory bail with a bond of Rs 10,000 and two sureties, subject to conditions. The order directs that if arrested within eight weeks, the petitioners be released on bail.
Issues considered
- Whether anticipatory bail should be granted in a dowry death case under the Bharatiya Nyaya Sanhita
- Whether the allegations against the petitioners constitute sufficient ground to deny bail
- Application of Section 482(2) of the Bharatiya Nagarik Suraksha Sanhita, 2023 in granting anticipatory bail
Legislation cited
- Bharatiya Nagarik Suraksha Sanhita, 2023 — s. 482(2)
- Bharatiya Nyaya Sanhita — s. 238, 3(5), 61(2), 80
Subjects
- dowry death
- anticipatory bail
- Bharatiya Nyaya Sanhita
- Bharatiya Nagarik Suraksha Sanhita
- Section 482
- criminal procedure
- bail conditions
- over‑implication
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.84012 of 2025
Arising Out of PS. Case No.-74 Year-2025 Thana- DARIYAPUR District- Saran
======================================================
1. Rekha Devi @ Rekha Kumari D/O Ramji Rai Resident of Village -
Khajuhata Jhaua Tola, P.S- Dariyapur, District - Saran
2. Saroj Rai @ Saroj Kumar S/O Ramji Rai Resident of Village - Khajuhata
Jhaua Tola, P.S- Dariyapur, District - Saran
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Shyameshwar Kumar Singh, Advocate
For the Opposite Party/s : Mr. Ram Sevak Choudhary, A.P.P.
======================================================
CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH
ORAL ORDER
3 16-03-2026 Heard learned counsel for the petitioners and learned
A.P.P. for the State.
2. Petitioners apprehend arrest in a case registered for
the offences punishable under Sections 80, 238, 61(2), 3(5) of
the Bharatiya Nyaya Sanhita.
3. It is a case of dowry death. It is alleged that these
petitioners, along with other F.I.R. named accused persons,
killed the sister of informant, by hanging, due to non-fulfillment
of demand of dowry.
4. Learned counsel for the petitioners submits that
petitioners are innocent and have committed no offence.
Petitioner no. 1 is married sister-in-law, petitioner no. 2 is
Patna High Court CR. MISC. No.84012 of 2025(3) dt.16-03-2026
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brother-in-law of the deceased and they are simply victims of
over-implications. Allegation against petitioners is general and
omnibus. Petitioners are separate in mess and property and they
are not concerned with family affairs of the deceased. It is
further submitted that the informant has himself stated in the
FIR that the victim has committed suicide. Paragraph-30 of the
case diary contains the statement of Nisha Kumari who is gotni
of the deceased in which she has stated that the husband and
wife were quarreling on mobile and after sometime, the
deceased closed herself and later on, her dead body was found
hanging with ceiling fan. Petitioners claim clean antecedent.
5. Learned A.P.P. for the State vehemently opposed
the bail application.
6. Considering the nature of accusation, materials
available on record and other facts and circumstances of the
case, 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 Chief Judicial Magistrate,
Saran at Chapra in connection with Dariyapur P. S. Case No. 74
Patna High Court CR. MISC. No.84012 of 2025(3) dt.16-03-2026
3/3
of 2025, 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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