Patna High Court
Etbariya DeviversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- PRABHAT KUMAR SINGH
Holding
Anticipatory bail was granted to the petitioner subject to a bail bond and conditions under Section 482(2) of the B.N.S.S.
Summary
Etbariya Devi, the mother‑in‑law of a deceased woman, sought anticipatory bail after learning that she might be arrested in a case registered under Sections 126(2), 115(2), 80, 85 and 3(5) of the Bihar Negotiable (B.N.S.) for alleged dowry harassment and murder. The prosecution, based on an informant’s allegation, claimed that the petitioner participated in torturing the victim for dowry and was involved in the victim’s death, which the petitioner denied, stating she had no involvement and that the deceased had committed suicide. The petitioner argued that the allegations were general, omnibus and lacked any specific overt act against her, and that she had clean antecedents. The State opposed the anticipatory bail, but the court, noting the lack of specific evidence and the petitioner’s clean record, granted anticipatory bail subject to a bail bond and conditions under Section 482(2) of the B.N.S.S. The order directed that if arrested within eight weeks, the petitioner be released on bail upon furnishing the required bond and sureties.
Issues considered
- Whether anticipatory bail should be granted to the petitioner in view of the general and omnibus nature of the allegations.
- Whether there is sufficient material to establish the petitioner’s participation in the alleged dowry harassment and murder.
- Whether the conditions under Section 482(2) of the B.N.S.S. justify the grant of anticipatory bail.
Legislation cited
Subjects
- anticipatory bail
- dowry harassment
- murder
- suicide
- mother‑in‑law
- Section 482
- bail conditions
- general and omnibus accusation
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.86550 of 2025
Arising Out of PS. Case No.-279 Year-2025 Thana- PALIGANJ District- Patna
======================================================
Etbariya Devi Wife of Late Shivji Yadav Resident of Village - Bela, P.S. -
Paliganj, District - Patna.
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner : Mr. Vijay Kumar Singh, Advocate
For the State : Mr. Syed Ehteshamuddin, APP
For the Informant : Ms. Priya Gupta, Advocate
======================================================
CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH
ORAL ORDER
3 02-02-2026 Heard learned counsel appearing on behalf of the
petitioner, learned APP appearing on behalf of the State and
learned counsel appearing on behalf of the informant.
2. The petitioner apprehends her arrest in a case
registered for the offence punishable under Sections 126(2),
115(2), 80, 85 and 3(5) of the B.N.S..
3. As per prosecution case, informant alleged that
marriage of his daughter was solemnized with co-accused
Mantosh Kumar as per Hindu rites and rituals and thereafter, all
the F.I.R. named accused persons, including this petitioner,
committed torture and harassment with the victim due to non-
fulfillment of demand of dowry and subsequently, all the
accused persons committed murder of the victim.
Patna High Court CR. MISC. No.86550 of 2025(3) dt.02-02-2026
2/3
4. It is submitted by learned counsel appearing on
behalf of the petitioner that petitioner is quite innocent and has
committed no offence. Petitioner has falsely been implicated in
this case merely because she happens to be mother-in-law of the
deceased. Petitioner is separate in mess and property and has 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 this
petitioner. As a matter of fact, the deceased committed suicide.
Thrust of accusation is against husband of deceased who is
already in custody since 05.08.2025. Petitioner is a lady and
claims clean antecedents.
5. Learned A.P.P. for the State has vehemently
opposed the prayer for grant of anticipatory bail to the
petitioner.
6. Considering the facts and circumstances of the
case, general and omnibus nature of accusation and clean
antecedents of the petitioner, the prayer for grant of anticipatory
bail to the petitioner is allowed.
7. Accordingly, in the event of arrest/surrender within
a period of eight weeks from today, let the above named
Patna High Court CR. MISC. No.86550 of 2025(3) dt.02-02-2026
3/3
petitioner be enlarged on bail on furnishing bail-bond of Rs.
10,000/- (ten thousand) with two sureties of the like amount
each to the satisfaction of learned S.D.J.M., Danapur, Patna in
connection with Paliganj P.S. Case No. 279 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
Checking your session…