Patna High Court

Gangia DeviversusThe State of Bihar

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

Holding

In the absence of specific allegations of an overt act against the petitioner, anticipatory bail was granted under Section 482(2) of the Bharatiya Nagarika Suraksha Sanhita, 2023, subject to conditions.

Summary

The petitioner, Gangia Devi, mother‑in‑law of the deceased, was implicated in a dowry‑death case (Sections 304B, 120B, 364, 34 IPC) and feared arrest. She contended that the allegations were general, without any specific overt act attributed to her, and that she had no criminal antecedent. The State opposed her bail, arguing the seriousness of the offences. The Court examined whether the prosecution’s case sufficiently justified denial of anticipatory bail. Finding the allegations vague and not specifically directed at the petitioner, the Court granted anticipatory bail subject to bond and surety conditions under Section 482(2) of the Bharatiya Nagarika Suraksha Sanhita, 2023. The order was conditioned on the petitioner surrendering within six weeks and complying with the stipulated bail terms.

Issues considered

Whether anticipatory bail can be granted to the petitioner despite charges under Sections 304B, 120B, 364 and 34 of the IPC.
Whether the prosecution’s general allegations constitute sufficient ground to deny anticipatory bail under Section 482(2) of the Bharatiya Nagarika Suraksha Sanhita, 2023.

Legislation cited

Bharatiya Nagarika Suraksha Sanhita, 2023 — s. 482(2)
Indian Penal Code — s. 120B, 304B, 34, 364

Subjects

dowry death
anticipatory bail
Indian Penal Code
Section 304B
Section 120B
Section 364
Section 34
Bharatiya Nagarika Suraksha Sanhita
Section 482(2)
false implication
bail conditions

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.87351 of 2025
                       Arising Out of PS. Case No.-160 Year-2024 Thana- BELAGANJ District- Gaya
                 ======================================================
                 Gangia Devi W/O Late Nanhaku Pandit @ Nanhaku Prajapat Resident of
                 village - Shripur, P.S- Belaganj, District - Gaya
                                                                          ... ... Petitioner/s
                                                      Versus
                 The State of Bihar
                                                                   ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :       Dr. Kamal Deo Sharma, Advocate
                 For the Opposite Party/s :       Mr. Nagendra Prasad, 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

                   Belaganj P.S. Case No. 160 of 2024 instituted for the offences

                   under Sections 304B, 120B, 364, 34 of the Indian Penal Code.

                               3. Prosecution case, in short, is that the petitioner

                   alongwith the family members tortured and killed the deceased

                   for the non-fulfillment of demand of dowry.

                               4. Learned counsel for the petitioner submitted that the

                   petitioner has falsely been implicated in the present case.

                   Petitioner is the mother-in-law of the deceased. Learned counsel

                   for the petitioner submits that general and omnibus allegation

                   has been made against the petitioner. No specific overt act is

                   alleged against the petitioner. Learned counsel further submitted

                   that petitioner is separate in mess and business and has got no
           Patna High Court CR. MISC. No.87351 of 2025(2) dt.15-01-2026
                                                       2/2




                     concern in the family affairs of the deceased and her husband.

                     Husband of the deceased has already been granted regular bail

                     by this Court vide order dated 22.01.2025 passed in Cr. Misc.

                     No. 71479 of 2024. Charge-sheet has been submitted in this

                     case. It has been submitted on behalf of the petitioner that the

                     petitioner has no criminal antecedent.

                                 5. Learned A.P.P. for the State has vehemently

                     opposed the prayer for grant of bail to the petitioner.

                                  6. Considering the aforesaid facts and circumstances

                     of the case, let the petitioner, above named, in the event of

                     arrest/surrender before the 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 Belaganj P.S. Case

                     No. 160 of 2024, subject to the conditions as laid down under

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

                     2023.



                                           (Rudra Prakash Mishra, J)
Alok Verma/-

U      T

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