Patna High Court
Usha DeviversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- PRABHAT KUMAR SINGH
Holding
Anticipatory bail was granted to the petitioners under Section 482(2) of the B.N.S.S.
Summary
The petitioners – Usha Devi, Manti Devi, Rohit Shah and Ram Kumar Shah – sought anticipatory bail fearing arrest in a case registered under Sections 103(1) and 3(5) of the B.N.S., alleging dowry harassment and murder of a woman. The prosecution alleged that the deceased’s husband, Pramod Shah, along with the petitioners, demanded dowry, tortured the victim and caused her death, which the informant claimed was a homicide. The petitioners contended they were innocent, had no involvement in the alleged dowry demand, and that the victim had actually committed suicide as per the post‑mortem report; they also highlighted their clean antecedents and the vague, omnibus nature of the accusations. The State opposed the anticipatory bail, but the Court, noting the lack of specific allegations and the petitioners’ clean record, granted anticipatory bail subject to a bail‑bond of Rs 10,000 and two sureties, invoking Section 482(2) of the B.N.S.S. The order directs that if arrested within eight weeks, the petitioners be released on bail under the stipulated conditions.
Issues considered
- Whether the petitioners are entitled to anticipatory bail under Section 482(2) of the B.N.S.S. in view of the general and omnibus nature of the allegations.
- Whether the allegations of dowry demand and murder are sufficient to deny bail to the petitioners.
Legislation cited
Subjects
- anticipatory bail
- dowry harassment
- false implication
- Section 103
- Section 3
- Section 482
- criminal procedure
- bail
- suicide
- dowry death
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.862 of 2026
Arising Out of PS. Case No.-322 Year-2025 Thana- BHAGWANPUR HAT District- Siwan
======================================================
1. Usha Devi W/o Sabindra Kumar @ Samendra Shah Resident of village-
Rampur pandey tola, police station- Bhagwanpur Hatt, District- Siwan
2. Manti Devi @ Madhu Devi W/o Ram Kumar Shah Resident of village-
Rampur pandey tola, police station- Bhagwanpur Hatt, District- Siwan
3. Rohit Shah @ Rohit Kumar S/o Sbindra Kumar @ Samendra Shah Resident
of village- Rampur pandey tola, police station- Bhagwanpur Hatt, District-
Siwan
4. Ram Kumar Shah S/o Late Awadhesh Bihari Shah Resident of village-
Rampur pandey tola, police station- Bhagwanpur Hatt, District- Siwan
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioners : Ms. Mili Kumari, Advocate
For the State : Mr. Rajendra Nath Jha, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH
ORAL ORDER
3 13-03-2026 Heard learned counsel appearing on behalf of the
petitioners and learned APP appearing on behalf of the State.
2. The petitioners apprehend their arrest in a case
registered for the offence punishable under Sections 103(1) and
3(5) of the B.N.S..
3. The prosecution case, in brief, is that marriage of
sister of informant was solemnized with co-accused Pramod
Shah about 17 years ago. It is alleged that after some time of
marriage, all the named accused persons, including these
petitioners, started demanding dowry and due to non-fulfillment
Patna High Court CR. MISC. No.862 of 2026(3) dt.13-03-2026
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of demand of dowry, they tortured and harassed the victim. It is
further alleged that on 06.07.2025, all the accused persons
assaulted the victim due to which she died. Co-accused Pramod
Shah himself informed the informant that he has killed his sister.
Informant alleges that the victim was killed by her husband, co-
accused Pramod Shah, as he had illicit relations with Petitioner
No. 1, namely Usha Devi.
4. It is submitted by learned counsel appearing on
behalf of the petitioners that petitioners are quite innocent and
have committed no offence. Petitioners have falsely been
implicated in this case merely because Petitioner No. 1 happens
to be Gotni (sister-in-law), Petitioner No. 2 happens to be
mother-in-law, Petitioner No. 3 happens to be Jaut (nephew)
and Petitioner No. 4 happens to be father-in-law of the
deceased. Petitioners are separate in mess and property and have
got no concern with the affairs of the deceased and her husband.
Informant is not an eye witness of the alleged occurrence.
Allegation of demand of dowry is general and omnibus and no
specific accusation of overt act has been alleged against these
petitioners. Thrust of accusation is against husband of deceased.
As a matter of fact, the deceased herself committed suicide and
even as per post mortem report, cause of death as Asphyxia due
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to hanging. Petitioners claim clean antecedents.
5. Learned A.P.P. for the State has vehemently
opposed the prayer for grant of anticipatory bail to the
petitioners.
6. Considering the facts and circumstances of the
case, general and omnibus nature of accusation and clean
antecedents of the petitioners, the prayer for grant of
anticipatory bail to the petitioners is allowed.
7. Accordingly, in the event of arrest/surrender within
a period of eight weeks from today, let the above named
petitioners be enlarged on bail on furnishing bail-bond of Rs.
10,000/- (ten thousand) each with two sureties of the like
amount each to the satisfaction of learned C.J.M., Siwan in
connection with Bhagwanpur Hatt P.S. Case No. 322 of 2025,
subject to condition as laid down under Section 482(2) of the
B.N.S.S..
(Prabhat Kumar Singh, J)
shashank/-
U T
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