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Patna High Court

Manju DeviversusThe State of Bihar

Decided
Disposal
BAIL GRANTED

Holding

Anticipatory bail was granted to the petitioner subject to a bail bond and conditions under Section 482(2) of the Bharatiya Nyaya Sanhita.

Summary

The petitioner, Manju Devi, mother‑in‑law of a deceased woman, applied for anticipatory bail in a dowry‑death case where the husband of the deceased is already in custody. The prosecution alleged that the petitioner, along with other accused, participated in the killing of the deceased for dowry demands, invoking Sections 80, 103, 238 and 3(5) of the Bharatiya Nyaya Sanhita. The petitioner contended she had no involvement, maintained a separate residence and property, and possessed a clean antecedent, arguing the primary accusation was against the husband. The State opposed the bail, asserting the seriousness of the charges. The Court, noting the husband’s custody and the lack of specific evidence against the petitioner, granted anticipatory bail subject to a bond of Rs. 10,000 with two sureties and conditions under Section 482(2) of the BNSS.

Issues considered

  • Whether anticipatory bail should be granted to the petitioner in a dowry‑death case where the principal accused is already in custody.
  • Whether the allegations against the petitioner are sufficient to deny anticipatory bail.

Legislation cited

Subjects

  • anticipatory bail
  • dowry death
  • Bharatiya Nyaya Sanhita
  • criminal law
  • bail
  • family violence

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.85376 of 2025
                       Arising Out of PS. Case No.-538 Year-2025 Thana- MAHUA District- Vaishali
                 ======================================================
                 Manju Devi Wife of Naresh Paswan Resident of Village - Premraj
                 Bhutiyachak, P.S. - Mahua, Dist. - Vaishali, Bihar.

                                                                                   ... ... Petitioner/s
                                                       Versus
           1.    The State of Bihar
           2.    Daya Devi W/o Rambabu Paswan R/o Village and Post - Nawachak, P.S. -
                 Harlochanpur Sukki, Dist. - Vaishali, Bihar.

                                                        ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :       Mr. Prakash Chandra, Advocate
                 For the Opposite Party/s :       Mr. Jai Narain Thakur, A.P.P.
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH
                                       ORAL ORDER

4   17-02-2026                    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 Sections 80, 103, 238, 3(5) of the

                   Bharatiya Nyaya Sanhita.

                                3. It is case of dowry death. Prosecution case, in brief,

                   is that all the F.I.R. named accused persons including this

                   petitioner killed the daughter 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
            Patna High Court CR. MISC. No.85376 of 2025(4) dt.17-02-2026
                                                        2/2




                      over-implication. Allegation against petitioner is general and

                      omnibus. Petitioner is separate in mess and property and has got

                      no concern with family affairs of the deceased. As a matter of

                      fact, deceased died due to Asphyxia. He further submits that

                      thrust of accusation is against husband of the deceased who is

                      already in custody since 06.01.2026. 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 Additional Chief Judicial

                      Magistrate IV, Vaishali at Hajipur in connection with Mahua P.

                      S. Case No. 538 of 2025, subject to condition as laid       down

                      under Section 482 (2) of the BNSS.



                                            (Prabhat Kumar Singh, J)
Navya/-
U       T


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