Patna High Court
Sunita Devi @ SunitaversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- SANDEEP KUMAR
Holding
The Court granted anticipatory bail to the petitioner, subject to bond and conditions, applying the principles of Arnesh Kumar v. State of Bihar.
Summary
The petitioner, Sunita Devi, sought anticipatory bail fearing arrest in a criminal case (Baheri P.S. Case No. 354 of 2025) involving multiple offences under the Bihar Narcotic Substances Act and the Dowry Prohibition Act. She is alleged to be the mother‑in‑law of the victim and accused of torturing the victim, but she claims innocence, a clean antecedent and that the allegations are general and omnibus. The State opposed the bail, arguing the seriousness of the charges. Relying on the Supreme Court’s guidelines in Arnesh Kumar v. State of Bihar (2014) 8 SCC 273, the Court allowed the anticipatory bail application. The order directed that, upon arrest or surrender within four weeks, the petitioner be released on a bail bond of Rs 10,000 with two sureties, subject to the conditions of Section 438(2) CrPC and Section 482 of the BNSS.
Issues considered
- Whether anticipatory bail under Section 438 CrPC can be granted in a case involving multiple serious offences under the Bihar Narcotic Substances Act and the Dowry Prohibition Act.
- Whether the principles laid down in Arnesh Kumar v. State of Bihar are applicable to restrain unnecessary arrests in this matter.
Legislation cited
- Bihar Narcotic Substances Act — s. 115, 126, 127, 3, 351, 352, 76, 85, 89
- Code of Criminal Procedure, 1973 — s. 438
- Dowry Prohibition Act — s. 3, 4
Subjects
- anticipatory bail
- Section 438 CrPC
- Section 482 BNSS
- Dowry Prohibition Act
- criminal procedure
- bail conditions
- Arnesh Kumar precedent
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.89375 of 2025
Arising Out of PS. Case No.-354 Year-2025 Thana- BAHERI District- Darbhanga
======================================================
Sunita Devi @ Sunita W/o Ram Jatan Mandal Resident of Village - Ram
Nagar, P.S.- Baheri, District - Darbhanga
... ... Petitioner/s
Versus
1. The State of Bihar
2. Richa Kumari W/o Vikash Kumar D/o Shiv Shankar Prasad, R/o Village -
Bara, P.S - Baheri, District - Darbhanga
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr.Saurav Anand, Advocate
For the Opposite Party/s : Mr.Rabindra Kumar, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE SANDEEP KUMAR
ORAL ORDER
2 04-02-2026 Heard learned counsel for the petitioner and learned
APP for the State.
2. The petitioner apprehends her arrest in
connection with Baheri P.S. Case No. 354 of 2025 registered for
the offence under Sections 126(2), 115(2), 76, 127(2), 85, 89,
351(2), 352, 3(5) of B.N.S. and Section 3/ 4 of Dowry
Prohibition Act.
3. As per the prosecution case, petitioner is
mother-in-law of the victim and she is accused of torturing the
victim.
4. It has been submitted by the learned counsel for
the petitioner that the petitioner is innocent and she has falsely
Patna High Court CR. MISC. No.89375 of 2025(2) dt.04-02-2026
2/2
been implicated in this case. It is next submitted that there are
general and omnibus allegation against the petitioner. Petitioner
has clean antecedent.
5. Learned A.P.P. for the State opposes the prayer
for anticipatory bail of the petitioner.
6. Considering the submission of the parties and in
light of the law laid down by the Hon’ble Supreme Court in the
case of Arnesh Kumar Vs. State of Bihar reported in (2014) 8
SCC 273, this application of grant of anticipatory bail is
allowed.
7. Let the petitioner, above named, in the event of
her arrest or surrender before the concerned Court below within
four weeks from today, be released on bail on furnishing bail
bond of Rs. 10,000/- (Ten Thousand) with two sureties of the
like amount each to the satisfaction of the learned A.C.J.M.-VII,
Darbhanga/ concerned Court below in connection with Baheri
P.S. Case No. 354 of 2025, subject to the conditions laid down
in Section 438(2) of the Code of Criminal Procedure, 1973 /
Section 482 of the BNSS.
(Sandeep Kumar, J)
tusharika/-
U T
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