Patna High Court
Rabesh KumarversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- SATYAVRAT VERMA
Holding
The Court allowed the anticipatory bail application, subject to bond and surety conditions, and retained the power to cancel bail if the petitioner does not cooperate with the investigation.
Summary
The petition filed by Krishnawati Devi, mother‑in‑law of a deceased woman, sought anticipatory bail in a case registered under Sections 80, 238 and 3(5) of the Bihar Narcotic/Criminal Statutes, 2023, alleging dowry‑related torture and death. The informant alleged that the victim was married on 7 March 2025, was subjected to dowry demands, and was subsequently killed with the body disposed of, implicating the husband and his family, including the petitioner. The petitioner contended she had a clean antecedent, was a senior citizen suffering from arthritis, and was not an eyewitness, arguing that the allegations were speculative. The State and the informant opposed bail, emphasizing the statutory presumption against the husband and family in dowry deaths and the risk of evidence tampering. The Court, considering the petitioner’s age, health, and lack of direct involvement, granted anticipatory bail subject to a Rs 25,000 bond, two sureties, and a condition that the trial court may cancel bail if she fails to cooperate with the investigation.
Issues considered
- Whether anticipatory bail should be granted to a senior citizen mother‑in‑law implicated in a dowry‑death case under Sections 80, 238 and 3(5) of the BNS, 2023.
- Whether the statutory presumption against the husband and his family in dowry deaths outweighs the petitioner’s claim of innocence and health concerns.
- Whether the petitioner is likely to abscond or tamper with evidence, justifying denial of bail.
Subjects
- anticipatory bail
- dowry death
- presumption of guilt
- senior citizen
- health considerations
- Section 482
- Bihar criminal law
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.85550 of 2025
Arising Out of PS. Case No.-737 Year-2025 Thana- SIKARPUR District- West Champaran
======================================================
Krishnawati Devi @ Krishna Sah Wife of Late Amerika Sah R/o Village -
Narkatiaganj, Police Station - Gaunaha, District - West Champaran.
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Brij Kishor Mishra, Advocate
For the Opposite Party/s : Mr. Satyendra Prasad, APP
For the Informant : Mr. Umesh Chandra Verma, Advocate
Mr. Hemant Ray, Advocate
======================================================
CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA
ORAL ORDER
3 29-01-2026 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 80, 238
and 3(5) of the BNS, 2023
3. Learned counsel for the petitioner submits that
petitioner is a person with clean antecedent and the informant
alleges that his daughter was married to Nitesh on 07.03.2025,
after marriage, the husband along with accused persons
including the petitioner started torturing the victim for non-
fulfillment of dowry demand of a motorcycle and a gold chain,
further the informant on 10.07.2025 went to the house of
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accused persons for bringing the victim back to her parental
home, but accused persons asked him to take her back on
18.07.2025, next alleges that informant called the victim on
17.07.2025, but he was informed by Shatrudhan that victim has
gone to Patna with her husband who became ill, further on
19.07.2025, the son of the informant went to meet his sister, but
could not find her, thus went to the spare part shop of Nitesh
who fled on seeing his son without disclosing about the victim,
thereafter his son went to the matrimonial house of the victim
on rent, but saw the house was locked from outside and no one
was present, thus, alleges that his daughter has been killed and
dead body disposed of.
4. Learned counsel for the petitioner submits that
petitioner, being mother-in-law of the deceased, has been falsely
implicated in the instant case by the informant, it is next
submitted that informant is not an eye witness to the occurrence,
as such, the entire allegation hinges around suspicion. It is also
submitted that no doubt the marriage of the daughter of the
informant with Nitesh was performed on 07.03.2025 and as
such the death took place within seven years of marriage hence
there is a presumption in law against the husband of the
deceased and his family members, but then all deaths are not
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dowry deaths. It is also submitted that though there is allegation
of demand of dowry, but then the same is also general and
omnibus in nature. It is next 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 allegations. It is also submitted that petitioner is a
senior citizen and is under treatment at Medanta hospital for her
arthritis issue since 2024 and thus is not in a position to walk
comfortably even.
5. Learned A.P.P. for the State as well as the learned
counsel appearing on behalf of the informant vehemently
opposes the anticipatory bail application of the petitioner. The
learned counsel appearing on behalf of the informant submits
that what is not in dispute rather stands admitted is that daughter
of the informant was killed within seven years of marriage. It is
also submitted that the dead body was disposed of with a view
to conceal evidence regarding death. It is next submitted that it
does not appear probable that the husband alone would have
disposed of the dead body of his wife after her death without the
help of his family members, which amply demonstrates the
involvement of the accused persons including the petitioner, but
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then is not in a position to rebut the submission of the learned
counsel appearing on behalf of the petitioner that petitioner is a
senior citizen and is under treatment at Medanta hospital since
2024.
6. At this stage, the learned counsel appearing on
behalf of the petitioner submits that petitioner will not abscond
rather will cooperate in the investigation to prove her innocence.
7. After hearing the learned counsel for the parties
and taking into consideration the fact that petitioner is a senior
citizen and is an ailing lady, as would manifest from the medical
report of hospital annexed with supplementary affidavit, 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. 25,000/- (Rupees Twenty Five 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 Shikarpur P.S. Case No. 737 of 2025 subject to
the conditions as laid down under Section 482 (2) of BNSS.
8. 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 petitioner despite
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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.
9. Let a copy of this order be sent to the concerned
police station through the learned Trial Court.
10. Accordingly, the instant anticipatory bail
application stands allowed.
(Satyavrat Verma, J)
Rishabh/-
U T
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