Patna High Court
Archana KumariversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- SATYAVRAT VERMA
Holding
The Court held that the petitioner is entitled to anticipatory bail, subject to the conditions imposed under Section 482(2) of the CrPC.
Summary
The High Court considered an application for anticipatory bail filed by Archana Kumari, who was implicated in a dowry‑death case under Sections 108, 80 and 3(5) of the B.N.S., 2023. The informant alleged that Archana had an illicit relationship with Rupesh, the husband of the deceased, and that she, along with Pappu, abetted the victim’s suicide by demanding dowry. Archana contended that she is a school teacher with a clean record, that she was married with two children, and that the distance between her posting and the crime scene made daily contact with Rupesh implausible; she also argued that she was unaware of being named as a nominee in Rupesh’s bank account. The State argued that more than 200 phone calls between Archana and Rupesh showed a continuing relationship that created a condition conducive to the suicide. After weighing the submissions, the Court granted anticipatory bail subject to a Rs 10,000 bond, two sureties, and compliance with Section 482(2) of the CrPC, while reserving the right to cancel bail if she fails to cooperate with the investigation.
Issues considered
- Whether the petitioner is entitled to anticipatory bail in a dowry‑death case under Sections 108, 80 and 3(5) of the B.N.S., 2023.
- Whether the alleged relationship between the petitioner and the accused creates a condition conducive to the victim’s suicide warranting denial of bail.
- Whether there is a likelihood of the petitioner not cooperating with the investigation.
Legislation cited
- B.N.S., 2023 — s. 108, 3(5), 80
- Code of Criminal Procedure, 1973 — s. 482(2)
Subjects
- anticipatory bail
- dowry death
- suicide
- abetment
- Section 108
- Section 80
- Section 3(5)
- Section 482
- Criminal Procedure Code
- women
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.85492 of 2025
Arising Out of PS. Case No.-355 Year-2025 Thana- SULTANGANJ District- Bhagalpur
======================================================
Archana Kumari W/o Indradev Kumar @ Indradev Mandal Resident of
village - Nawada, P.O - tilakpur, P.S - Sultanganj, District - Bhagalpur
(Presently residing at Mohalla - Hafla Diwanganj, Ward No. 5, P.S - Mufassil,
District - Katihar)
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Kunal Singh
For the Opposite Party/s : Mr. Brajendra Nath Pandey
======================================================
CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA
ORAL ORDER
2 13-01-2026 1. Heard learned counsel for the petitioner, learned
A.P.P. for the State and the learned counsel appearing on behalf
of the informant.
2. The petitioner apprehends her arrest in a case
registered for the offences punishable under Sections 108, 80
and 3(5) of the B.N.S., 2023.
3. Learned counsel for the petitioner submits that
petitioner is a person with clean antecedent and is a woman and
the informant alleges that his daughter was married to Rupesh
on 18.06.2025, after marriage, the accused persons were
demanding Rs.10 lacs by way of dowry, it is further alleged that
Pappu, a friend of Rupesh and petitioner with whom Rupesh
was in an illicit relationship also used to torture the victim for
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dowry, further the victim even heard Rupesh talking dirty with
petitioner, it is next alleged that when victim objected the
relationship of Rupesh with petitioner, the victim was threatened
by Rupesh that he will leave her, it is further alleged that
accused persons including the petitioner made condition
conducive for the victim to commit suicide, further Rupesh in
his bank account had added petitioner as a nominee, further on
coming to know about the death of victim, the informant
reached the place of occurrence and found the dead body of his
daughter with marks on neck and her tongue was protruded.
4. Learned counsel for the petitioner submits that
petitioner has been falsely implicated in the instant case by the
informant. It is next submitted that petitioner was married to
Indradeo on 08.03.2005 and out of the wedlock, two children
were born, who presently are aged about 17 years and 11 years.
It is further submitted that petitioner and Rupesh were teachers
in a government school and thus were known to each other. It is
also submitted that petitioner was not even aware that Rupesh
has performed his marriage with the deceased on 18.06.2025. It
is further submitted that Rupesh after marriage was staying at
Sultanganj, whereas petitioner was posted at Government
Upgraded Middle School, Marangi at Katihar. It is further
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submitted that distance in between Katihar and Sultanganj is
about 90 km, as such, it is submitted that it is not possible that
petitioner would have met Rupesh on daily basis. It is also
submitted that petitioner after 18.06.2025 had not taken any
leave from the school also. It is reiterated and submitted that
petitioner and Rupesh were known to each other from before
and were on friendly term but then were not in an illicit
relationship. It is further asserted and submitted that petitioner
was not even aware that Rupesh got married as such whenever
Rupesh called, she used to talk to him and even at times
petitioner used to call and talked to Rupesh. It is next submitted
that had the petitioner been in an illicit relationship with
Rupesh, in that event, her husband would not have sworn the
affidavit in the instant anticipatory bail application. It is also
submitted that no doubt petitioner was added as a nominee in
the bank account of Rupesh but then petitioner was not even
aware of the said fact that Rupesh has added her as a nominee. It
is next submitted that from perusal of the allegation as alleged
in the FIR, it would manifest that informant alleges that accused
persons were demanding dowry and for non-fulfillment of the
demand the victim was tortured but then it is submitted that as
to why the petitioner along with Pappu would have demanded
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the dowry from the victim. It is further submitted that had the
petitioner been in relationship with Rupesh, in that event, the
petitioner would have cut her relationship with Rupesh on
coming to know that he had performed his marriage. It is also
submitted that during course of investigation, love letters of
Rupesh written to petitioner was found in the room of the
victim. It is submitted that it appears that Rupesh was writing
letters to the petitioner and keeping the same in his house as
such the same was found in the room of the victim. It is further
submitted that this gives an impression that Rupesh used to
write letter but then did not send the same to the petitioner,
hence it appears that the love was one sided.
5. Learned A.P.P. for the State and learned counsel
appearing on behalf of the informant opposes the prayer for
anticipatory bail of the petitioner. The learned counsel appearing
on behalf of the informant submits that during the course of
investigation, it transpired that after marriage of Rupesh with
the victim, Rupesh and petitioner were in touch constantly and
in between them more than 200 calls were exchanged. It is also
submitted that petitioner may not be directly involved in the
occurrence but then her relationship with Rupesh created
condition conducive for the victim to take extreme step of
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ending her life. It is thus submitted that petitioner along with
Rupesh and Pappu abetted the occurrence of suicide by the
victim. At this stage, the learned counsel appearing on behalf of
the petitioner submits that whether petitioner created condition
conducive for the victim to commit suicide or it was the
husband of the victim who created condition conducive for the
victim to take extreme step of ending her life is an aspect of
investigation. It is submitted that petitioner is a school teacher
with two children and in the event if the petitioner is sent to
judicial custody in the nature of allegation as alleged in the FIR,
in that event, her entire career would get jeopardized and at the
same time the children would be adversely impacted. It is
reiterated and submitted that the fact that husband of the
petitioner has sworn the affidavit must also be taken into
consideration as it establishes that the conjugal relation in
between the petitioner and her husband is good and the husband
is supporting his wife i.e. petitioner. It is also submitted that
petitioner will not abscond rather will cooperate in the
investigation to prove her innocence.
6. Considering the submissions made by the learned
counsel for the petitioner, the petitioner above-named, in the
event of her arrest or surrender before the learned Court below
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within a period of six weeks from today, be released on
anticipatory bail on furnishing bail bonds of Rs.10,000/-
(Rupees Ten Thousand) with two sureties of the like amount
each to the satisfaction of the learned Court of Additional Chief
Judicial Magistrate 1st, Bhagalpur, in connection with Sultanganj
P.S. Case No.355/2025, subject to the conditions as laid down
under Section 482(2) B.N.S.S.
7. However, it is made clear that in the event if the
Investigating Officer of the case files an application before the
learned trial court bringing to its notice that the petitioner
despite giving assurance to this court is not co-operating in the
investigation in that event the learned trial court shall be at
liberty to cancel the bail bonds of the petitioner.
(Satyavrat Verma, J)
amit/-
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