Patna High Court
Maya DeviversusThe State of Bihar
- Decided
- Disposal
- ALLOWED
- Bench
- SANDEEP KUMAR
Holding
Anticipatory bail is granted to the petitioners subject to the conditions stipulated under Section 482(2) of the BNSS.
Summary
The petitioners, Maya Devi and Ramadhar Sah, sought anticipatory bail fearing arrest in a dowry‑death case (Lauriya P.S. Case No. 340 of 2025) under Sections 103(1) and 3(5) of the Bharatiya Nyaya Sanhita, 2023. The prosecution alleged that they were involved in the death of the deceased due to non‑fulfilment of dowry demands. The petitioners contended they were innocent, highlighting that Maya Devi is the mother‑in‑law of the deceased and is caring for the deceased’s three‑year‑old child. The State opposed the bail application. The Court, after considering the facts and the protective provisions of Section 482(2) of the BNSS, granted anticipatory bail with a bond of Rs.10,000 and two sureties, subject to verification that the child remains with Maya Devi. The order also imposed the condition that bail bonds for Maya Devi would be accepted only after confirming the child’s residence with her.
Issues considered
- Whether anticipatory bail can be granted under Section 482(2) of the Bharatiya Nyaya Sanhita for offences alleged under Sections 103(1) and 3(5) relating to dowry death
- Whether the Court may impose a condition to verify the residence of the deceased’s child with the petitioner before accepting bail
Legislation cited
- Bharatiya Nyaya Sanhita, 2023 — s. 103(1), 3(5), 482(2)
Subjects
- anticipatory bail
- dowry death
- Bharatiya Nyaya Sanhita
- Section 103
- Section 3
- Section 482
- criminal procedure
- bail conditions
- child caretaker
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.88721 of 2025
Arising Out of PS. Case No.-340 Year-2025 Thana- LAURIA District- West Champaran
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1. Maya Devi W/O Jhameli Sah R/O Vill.- Mishra Tola, Ward No. 13, Lauriya,
P.S.- Lauriya, District- West Champaran
2. Ramadhar Sah S/O Late Vishnu Sah R/O Vill.- Maulanagar, P.S.- Lauriya,
District- West Champaran
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Bimlesh Kumar Pandey
For the Opposite Party/s : Mr. Pramod Kumar Pandey
======================================================
CORAM: HONOURABLE MR. JUSTICE SANDEEP KUMAR
ORAL ORDER
2 15-01-2026 Heard the learned counsel for the petitioners and
learned counsel for the State.
2. The petitioners apprehend arrest in connection with
Lauriya P.S. Case No. 340 of 2025 registered for the offence
under Sections 103(1), 3(5) of the Bharatiya Nyaya Sanhita,
2023.
3. As per the prosecution case, the petitioners are
accused of killing the deceased due to non-fullfilment of
demand of dowry.
4. Learned counsel for the petitioners submits that
petitioners are quite innocent and have not committed any
offence. He further submits that the petitioner no. 1 is the
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mother-in-law of the deceased and the petitioner no. 2 is the fufa
of the husband of the deceased. There is general and omnibus
allegation against the petitioners. He further submits that there is
a three years old child of the deceased who is staying with the
petitioner no. 1 and she is looking after the child.
5. Learned APP for the State has vehemently opposed
the prayer for bail.
6. Considering the facts and circumstances of the
case, this application for anticipatory bail is allowed.
7. Accordingly, let the petitioners, above-named, in
the event of their arrest or surrender within four weeks from
today in the Court below, be released on bail on furnishing bail
bonds of Rs.10,000/- (Rupees ten thousand) each with two
sureties of the like amount each to the satisfaction of learned
A.C.J.M. 1st, Bettiah, West Champaran/concerned court below
in connection with Lauriya P.S. Case No. 340 of 2025 subject to
the conditions as laid down under Section 482(2) of the BNSS
and subject to further condition that:-
(I). At the time of accepting the
bail bonds of the petitioner, the Court below
shall verify the fact whether the child of the
deceased is staying with the petitioner no. 1
or not. If it is found that the child is staying
with the petitioner no.1 then only bail bonds
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of the petitioner no. 1 shall be accepted.
(Sandeep Kumar, J)
Shishir/-
U T
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