Patna High Court
Fulan DeviversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- SATYAVRAT VERMA
Holding
Anticipatory bail is granted to the petitioner subject to conditions under Section 482(2) of the BNSS.
Summary
Fulan Devi sought anticipatory bail after the police registered a case under Sections 108 and 3(5) of the Bharatiya Nyaya Sanhita alleging dowry demand, torture, attempted murder and the subsequent suicide of a woman. The petitioner, a sister‑in‑law, argued that she has a clean record, was not an eyewitness, and was falsely implicated by the informant whose allegations were based on suspicion. The State opposed the bail, contending the seriousness of the offences. The court examined the petitioner's submissions, noting the lack of prior complaints, the absence of direct evidence linking her to the alleged acts, and the procedural irregularities. Relying on the principles of anticipatory bail and the discretion under Section 482(2) of the BNSS, the court granted anticipatory bail with monetary and surety conditions. The order was conditioned on the petitioner surrendering within six weeks and complying with the bail terms.
Issues considered
- Whether anticipatory bail should be granted to the petitioner under Sections 108 and 3(5) of the Bharatiya Nyaya Sanhita.
- Whether the allegations against the petitioner constitute sufficient ground to deny bail.
Legislation cited
- Bharatiya Nyaya Sanhita — s. 108, 3(5), 482(2)
Subjects
- anticipatory bail
- dowry demand
- suicide
- false implication
- Bharatiya Nyaya Sanhita
- criminal procedure
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.85530 of 2025
Arising Out of PS. Case No.-940 Year-2024 Thana- FATUA District- Patna
======================================================
Fulan Devi S/O Depu Kumar R/O Vill.- Pitambarpur, P.S- Fatuha, Dist.- Patna
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr.Bhagya Narayan Jha
For the Opposite Party/s : Mr.Rajesh Kumar
======================================================
CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA
ORAL ORDER
2 13-01-2026 1. Heard learned counsel for the petitioner and learned
A.P.P. for the State.
2. The petitioner apprehends her arrest in a case registered
for the offences punishable under Sections 108 and 3(5) of the
Bharatiya Nyaya Sanhita.
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 Shankar about 10
years back and out of wedlock, two daughter and two sons were
born, further her husband later became a drunkard and started
torturing the victim for dowry of Rs. 1 lakh along with the accused
persons, next alleges that two years back an attempt was made by
Diwali Kumar and the petitioner to kill the victim, further 21-12-
2024 the informant came to know that victim has committed suicide,
accordingly he reached the place of occurrence and saw the dead
Patna High Court CR. MISC. No.85530 of 2025(2) dt.13-01-2026
2/3
body of his daughter lying outside the house.
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 informant is not an eyewitness to
the occurrence, as such the entire allegation hinges around suspicion.
It is further submitted that marriage of the victim with Shankar was
performed ten years ago and out of the wedlock, four children were
born. It is also submitted that in these 10 years, no case ever came to
be instituted alleging demand of dowry and torture at the hand of the
petitioner and other family members. It is next submitted that from
perusal of the allegations as alleged in the FIR, it would manifest that
informant himself alleges that Shankar had become a drunkard, it is
further submitted that since husband of the victim became a
drunkard, as such their relationship deteriorated and out of frustration
the victim committed suicide. It is submitted that whenever any
dispute arises in between the husband and the wife and the
occurrence of the nature as alleged takes place, the entire family
members are implicated in a mechanical manner with general and
omnibus allegation. It is next submitted that petitioner being sister-
in-law (gotni) came to be implicated. It is further submitted that
though it is alleged that Diwali along with petitioner tried to kill the
victim earlier, but then no case came to be instituted, which amply
demonstrates that the said allegation was alleged only to give
seriousness to the case. It is also submitted that had the petitioner
Patna High Court CR. MISC. No.85530 of 2025(2) dt.13-01-2026
3/3
been involved in the occurrence, in that event, efforts would have
been made to dispose of the dead body with a view to conceal
evidence, but then the dead body was lying in the house and was sent
for postmortem for ascertaining the cause of death.
5. Learned A.P.P. for the State opposes the prayer for
anticipatory bail of the petitioner.
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 trial court 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 trial court
where the case is pending/successor court in connection with Fatuha
P.S. Case No. 940 of 2024, subject to the conditions as laid down
under Section 482 (2) of the BNSS.
(Satyavrat Verma, J)
Sumit/-
U T
Checking your session…