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Patna High Court

Etbariya DeviversusThe State of Bihar

Decided
Disposal
BAIL GRANTED

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
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                        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
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                       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


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