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Patna High Court

Rabesh KumarversusThe State of Bihar

Decided
Disposal
BAIL GRANTED

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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