Patna High Court
Rani Devi @ Rani KumariversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- SATYAVRAT VERMA
Holding
The Court granted anticipatory bail to the petitioner subject to bond and surety conditions.
Summary
Rani Devi, a widow, applied for anticipatory bail fearing arrest in a case registered under Sections 85, 80(2) and 108 of the BNS, 2023 relating to alleged dowry demands, torture and the death of her daughter. The petitioner contended that she has a clean record and was falsely implicated by an informant who was not an eye‑witness, emphasizing that the post‑mortem showed asphyxia due to hanging and that the husband of the deceased was already charged. The State opposed the bail, arguing the seriousness of the offences, including an offence under Section 108 BNS that mirrors Section 306 of the IPC. The Court, after considering the submissions, granted anticipatory bail subject to a bond of Rs. 25,000 with two sureties and conditions under Section 482(2) of the BNSS, while reserving the right to cancel bail if the petitioner fails to cooperate. The order directed the trial court to enforce the bail conditions and to inform the police station accordingly.
Issues considered
- Whether the petitioner is entitled to anticipatory bail under Section 482(2) of the BNSS in a case involving alleged dowry death and related offences.
- Whether the allegations in the FIR and the post‑mortem report justify denial of bail.
Legislation cited
- BNS, 2023 — s. 108, 80(2), 85
- BNSS — s. 482(2)
- Indian Penal Code — s. 306
Subjects
- anticipatory bail
- dowry death
- false implication
- Section 306 IPC
- Section 108 BNS
- Section 85 BNS
- Section 80(2) BNS
- bail conditions
- presumption against husband
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.87787 of 2025
Arising Out of PS. Case No.-402 Year-2025 Thana- JAKKANPUR District- Patna
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Rani Devi @ Rani Kumari Wife of Late Binod Prasad @ Late Binod Kumar
Resident of village- Khasmahal Road, Ps- Jakkanpur, Dist- Patna
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Avinash Raj, Advocate
For the Opposite Party/s : Mr. Ram Naresh Ray, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA
ORAL ORDER
2 22-01-2026 1. Heard learned counsel for the petitioner and
learned A.P.P. for the State.
2. The petitioner apprehends her arrest in a case
registered for the offences punishable under Sections 85, 80(2),
108 and 3(5) of the BNS, 2023.
3. Learned counsel for the petitioner submits that
petitioner is a person with clean antecedent and the informant
alleges that his daughter was married to Ranveer in the year
2024, but after marriage, the accused persons started demanding
dowry of rupees one lakh and for non-fulfillment of the demand,
the victim was tortured physically and mentally, further on
02.06.2025 at about 08:00 PM, villagers informed him that his
daughter has died and when he reached the place of occurrence
on receiving the information, he saw the dead body of his
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daughter lying in the verandah, it is also alleged that his
daughter was pregnant and she was assaulted and her hair was
cut by the family members two days’ prior to the occurrence.
4. Learned counsel for the petitioner submits that
petitioner has been falsely implicated in the instant case by the
informant. It is next submitted that from perusal of the
allegation as alleged in the FIR, it would manifest that
informant is not an eye witness to the occurrence. It is also
submitted that though informant alleges that two days’ prior to
the occurrence his daughter was assaulted and her hair was cut,
but then no FIR came to be instituted. It is next submitted that
no doubt the victim died within seven years of marriage and
presumption in law is against the husband and his family
members, but then had the petitioner been involved in the
occurrence, in that event efforts would have been made to
dispose of the dead body with a view to conceal the evidence,
but then the dead body was lying in the house and the same was
sent for postmortem for ascertaining the cause of death. It is also
submitted that the postmortem report records asphyxia due to
ante mortem hanging by ligature. It is submitted that petitioner
is a widow and charge sheet has been submitted against the
husband of the deceased who is in custody and in the charge
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sheet the police has added Section 108 BNS which corroborates
Section 306 of the Indian Penal Code. It is next submitted that
whenever any dispute arises in between the husband and the
wife and the occurrence of the nature as alleged takes place, the
entire family members are implicated in a mechanical manner
with general and omnibus allegations. It is further submitted that
even allegation of demand of dowry and torture is general and
omnibus in nature. It is next submitted that petitioner will not
abscond rather will cooperate in the investigation to prove her
innocence.
5. Learned A.P.P. for the State opposes the prayer for
anticipatory bail of the petitioner.
6. Considering the submissions made by the learned
counsel for the petitioner, the petitioner above-named, in the
event of her arrest or surrender before the learned trial court
within a period of six weeks from today, be released on
anticipatory bail on furnishing bail bonds of Rs. 25,000/-
(Rupees Twenty Five Thousand) with two sureties of the like
amount each to the satisfaction of the learned trial court where
the case is pending/successor court in connection with
Jakkanpur P.S. Case No. 402 of 2025 subject to the conditions
as laid down under Section 482 (2) of BNSS.
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7. However, it is made clear that in the event if the
Investigating Officer of the case files an application before the
learned Trial Court bringing to its notice that petitioner despite
giving assurance to this Court is not co-operating in the
investigation, in that event the learned Trial Court shall be at
liberty to cancel the bail bonds of the petitioner.
8. Let a copy of this order be sent to the concerned
police station through the learned Trial Court.
9. Accordingly, the instant anticipatory bail
application stands allowed.
(Satyavrat Verma, J)
Rishabh/-
U T
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