Patna High Court

Bindu DeviversusThe State of Bihar

Decided: 15 January 2026
Disposal: BAIL GRANTED
Bench: R P MISHRA

Holding

The Court granted anticipatory bail to the petitioner, subject to conditions, under Section 482(2) of the Bharatiya Nagarik Suraksha Sanhita, 2023.

Summary

The petitioner, Bindu Devi, sister‑in‑law of a woman who died allegedly due to dowry harassment, was implicated in a case under Sections 80 and 3(5) of the Bharatiya Nyaya Sanhita, 2023. She contended that she was falsely implicated, had no incriminating material in her possession, no specific allegations against her, and no prior criminal record. The State opposed her request for anticipatory bail. The Court noted that a co‑accused had already been granted regular bail and, considering the lack of material linking the petitioner to the offence, ordered anticipatory bail subject to conditions under Section 482(2) of the Bharatiya Nagarik Suraksha Sanhita, 2023. The petitioner was required to surrender within six weeks and furnish bail bonds and sureties.

Issues considered

Whether anticipatory bail should be granted to the petitioner under Section 482(2) of the Bharatiya Nagarik Suraksha Sanhita, 2023 in a dowry‑death case.
Whether the absence of incriminating material and specific allegations justifies the grant of anticipatory bail.

Legislation cited

Bharatiya Nagarik Suraksha Sanhita, 2023 — s. 482(2)
Bharatiya Nyaya Sanhita, 2023 — s. 3(5), 80

Subjects

anticipatory bail
dowry death
Bharatiya Nyaya Sanhita
Bharatiya Nagarik Suraksha Sanhita
Section 80
Section 3(5)
Section 482(2)
criminal procedure
bail

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.86849 of 2025
                         Arising Out of PS. Case No.-101 Year-2025 Thana- RUPO District- Nawada
                 ======================================================
                 Bindu Devi D/O Garib Yadav Resident Of Village- Nawadih, P.S- Rupau,
                 District- Nawada.
                                                                        ... ... Petitioner/s
                                              Versus
                 The State of Bihar
                                                                 ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :        Mr. Sheo Kumar Prasad, Advocate
                 For the Opposite Party/s :        Mr. Aditya Narayan Singh.1, APP
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE RUDRA PRAKASH
                 MISHRA
                                       ORAL ORDER

2   15-01-2026                  Heard learned counsel for the petitioner and learned

                   APP for the State.

                                2. The petitioner apprehends arrest in connection with

                   Rupau P.S. Case No. 101 of 2025, instituted for the offences

                   punishable under Sections 80 and 3(5) of the Bharatiya Nyaya

                   Sanhita, 2023.

                                3. The prosecution case, in short, is that daughter of

                   the informant has been done to death by her in-laws for non-

                   fulfillment of dowry.

                                4. Learned counsel for the petitioner submits that the

                   petitioner is innocent and has falsely been implicated in the

                   present case. No incriminating material has been recovered from

                   the conscious possession of the petitioner. Learned counsel for

                   the petitioner also submits that no specific allegation has been
             Patna High Court CR. MISC. No.86849 of 2025(2) dt.15-01-2026
                                                         2/2




                       attributed against the petitioner. The petitioner is sister-in-law of

                       the deceased. It is further submitted that the petitioner is

                       separate in mess and business from the husband of the deceased.

                       The petitioner has got no criminal antecedent. Learned counsel

                       for the petitioner further submits that other co-accused has been

                       granted regular bail by this Court vide order dated 20.08.2025

                       passed in Cr. Misc. No. 56107 of 2025.

                                    5. Learned APP for the State has vehemently opposed

                       the prayer for grant of bail to the petitioner.

                                    6. Considering the aforesaid facts and circumstances,

                       let the petitioner, above named in the event of arrest/surrender

                       before the learned Court below within a period of six weeks

                       from today, be released on anticipatory bail on furnishing bail

                       bonds of Rs. 15,000/- (Rupees Fifteen Thousand) with two

                       sureties of the like amount each to the satisfaction of Court

                       below/concerned Court in connection with Rupau P.S. Case No.

                       101 of 2025, subject to the conditions as laid down under

                       Section 482(2) of the Bharatiya Nagarik Suraksha Sanhita,

                       2023.



                                                                   (Rudra Prakash Mishra, J)
Rajorshi/-

U       T

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