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Patna High Court

Mansi Kumari @ Priyanka@ Prishka KumariversusThe State of Bihar

Decided
Disposal
BAIL GRANTED

Holding

Since the husband of the deceased is already in custody and the petitioner has no substantive connection to the alleged dowry death, the court granted anticipatory bail subject to conditions under Section 482(2) of the Bharatiya Nagarik Suraksha Sanhita.

Summary

The petitioner, Mansi Kumari, sought anticipatory bail in a dowry death case where the husband of the deceased is already in custody. The prosecution alleged that the petitioner was part of a conspiracy to kill the deceased for dowry demands under sections of the Bharatiya Nyaya Sanhita. The petitioner argued innocence, clean antecedents, and lack of involvement in family affairs. The State opposed bail. The court noted the husband's custody and the petitioner's lack of substantive connection, and therefore granted anticipatory bail with a bond of Rs.10,000 and two sureties, subject to conditions under Section 482(2) of the Bharatiya Nagarik Suraksha Sanhita.

Issues considered

  • Whether anticipatory bail can be granted to the petitioner under Section 482(2) of the Bharatiya Nagarik Suraksha Sanhita in the dowry death case
  • Whether the petitioner is likely to be involved in the offences alleged under the Bharatiya Nyaya Sanhita

Legislation cited

Subjects

  • dowry death
  • anticipatory bail
  • Bharatiya Nyaya Sanhita
  • Bharatiya Nagarik Suraksha Sanhita
  • Section 482
  • criminal procedure

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.8539 of 2026
                       Arising Out of PS. Case No.-159 Year-2025 Thana- BELAGANJ District- Gaya
                 ======================================================
                 Mansi Kumari @ Priyanka@ Prishka Kumari D/o Sidnath Singh @ Sidnath
                 Sharma R/o Village- Kanchanpur, Police Station- Balaganj, District- Gaya
                 GayaJee

                                                                                  ... ... Petitioner/s
                                                       Versus
                 The State of Bihar

                                                        ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :       Mr. Aryan Singh, Advocate
                 For the Opposite Party/s :       Mr. Anish Chandra, A.P.P.
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH
                                       ORAL ORDER

2   23-02-2026                   Heard learned counsel for the petitioner and the State.

                                2. Petitioner apprehends arrest in a case registered for

                   the offences punishable under Sections 80(2), 352, 351(2), 3(5)

                   of the Bharatiya Nyaya Sanhita.

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

                   is that marriage of the niece of informant was solemnized with

                   co-accused Pankaj Kumar in the year 2023 and thereafter, all the

                   F.I.R. named accused persons including this petitioner killed her

                   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 unmarried sister-in-law of the deceased and she is simply

                   victim of over-implication. Allegation against petitioner is
              Patna High Court CR. MISC. No.8539 of 2026(2) dt.23-02-2026
                                                          2/2




                        general and omnibus. Petitioner is separate in mess and property

                        and has got 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 22.04.2025.

                        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,

                        Gaya in connection with Belaganj P. S. Case No. 159 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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