Patna High Court

Sakunti DeviversusThe State of Bihar

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

Holding

Anticipatory bail was granted to the petitioners subject to bond and surety conditions.

Summary

The petitioners, Sakunti Devi and Garib Yadav, sought anticipatory bail in a dowry‑death case (Rupau P.S. Case No. 101 of 2025) registered under Sections 80 and 3(5) of the Bharatiya Nyaya Sanhita, 2023. The prosecution alleged that the deceased was killed by her in‑laws for non‑payment of dowry, but the petitioners claimed they were innocent, had no specific allegations against them, and were merely the mother‑ and father‑in‑law of the deceased. Their counsel highlighted the lack of criminal antecedents and pointed to a similar bail order granted to a co‑accused in another case. The State opposed the bail. Considering the facts, the court granted anticipatory bail subject to a bond of Rs. 15,000 and two sureties, and imposed conditions under Section 482(2) of the Bharatiya Nagarik Suraksha Sanhita, 2023.

Issues considered

Whether anticipatory bail can be granted to the petitioners under Sections 80 and 3(5) of the Bharatiya Nyaya Sanhita, 2023.
Whether the allegations against the petitioners are sufficiently specific to deny bail.
Whether the conditions prescribed under Section 482(2) of the Bharatiya Nagarik Suraksha Sanhita, 2023, are applicable.

Legislation cited

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

Subjects

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

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.87223 of 2025
                         Arising Out of PS. Case No.-101 Year-2025 Thana- RUPO District- Nawada
                 ======================================================
           1.     Sakunti Devi Wife of Garib Yadav Resident Of Village- Nawadih Ps -Rupau
                  District -Nawada
           2.     Garib Yadav son of Late Janki Yadav Resident Of Village- Nawadih Ps
                  -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 petitioners and

                   learned APP for the State.

                                2. The petitioners apprehend arrest in connection with

                   Rupau P.S. Case No. 101 of 2025, registered 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 petitioners submits that the

                   petitioners are innocent and have falsely been implicated in the

                   present case. Learned counsel for the petitioners also submits

                   that petitioner no. 1 is mother-in-law and petitioner no. 2 is

                   father-in-law of the deceased. It is next submitted that no
             Patna High Court CR. MISC. No.87223 of 2025(2) dt.15-01-2026
                                                         2/2




                       specific allegation has been attributed against the petitioners

                       rather the same is general and omnibus in nature. The petitioners

                       are separate in mess and business from the husband of the

                       deceased. The petitioners have got no criminal antecedent.

                       Learned counsel for the petitioners 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 petitioners.

                                    6. Considering the aforesaid facts and circumstances,

                       let the petitioners, 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) each 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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