Patna High Court
Shanti Devi @ Puja DeviversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- R P MISHRA
Holding
The Court granted anticipatory bail to the petitioners, subject to bail bonds, sureties and conditions under Section 482(2) of the CrPC.
Summary
The petitioners, Shanti Devi and Arun Kumar, sought anticipatory bail fearing arrest in a dowry‑death case (IPC 304B/34) where the prosecution alleged they demanded a motorcycle and Rs 50,000 as dowry, leading to the death of the informant’s sister. The petitioners contended that the deceased fell from a roof, no dowry demand was made, and they have no criminal antecedent, emphasizing that co‑accused had already been granted regular bail. The State opposed the bail, arguing the seriousness of the offences. After considering the submissions and the lack of prior criminal record, the Court ordered that the petitioners be released on anticipatory bail upon furnishing bail bonds and sureties, subject to conditions under Section 482(2) of the CrPC. The order effectively prevents their arrest for six weeks pending further proceedings.
Issues considered
- Whether anticipatory bail should be granted to the petitioners in a case under Sections 304B and 34 of the IPC.
- Whether the conditions prescribed under Section 482(2) of the CrPC justify the grant of anticipatory bail.
Legislation cited
- Code of Criminal Procedure — s. 482(2)
- Indian Penal Code — s. 304B, 34
Subjects
- dowry death
- anticipatory bail
- IPC 304B
- Section 34 IPC
- Section 482 CrPC
- false allegations
- bail conditions
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.89618 of 2025
Arising Out of PS. Case No.-217 Year-2024 Thana- DHANARUA District- Patna
======================================================
1. Shanti Devi @ Puja Devi W/O Arun Kumar R/O Village - Barki Simhari,
P.S- Dhanarua, Distt.- Patna
2. Arun Kumar S/O Bhuneshwar Ram R/O Village - Barki Simhari, P.S-
Dhanarua, Distt.- Patna
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr.Jay Ram Prasad, Advocate
For the Opposite Party/s : Mr.Syed Mojibur Rahman, A.P.P.
======================================================
CORAM: HONOURABLE MR. JUSTICE RUDRA PRAKASH
MISHRA
ORAL ORDER
2 16-01-2026 Heard learned counsel for the petitioners and learned
A.P.P. for the State.
2. The petitioners apprehend their arrest in connection
with Dhanarua P.S. Case No. 217 of 2024 (G.R. No. 748 of
2024) registered for the offences punishable under Sections
304(B)/34 of the Indian Penal Code.
3. As per prosecution case, the sister of the Informant
was done to death for the non-fulfillment of demand of dowry
made by the petitioner and his family members.
4. Learned counsel for the petitioners submits that the
petitioners are innocent and have been falsely implicated in the
present case with false and frivolous allegations. The petitioner
Patna High Court CR. MISC. No.89618 of 2025(2) dt.16-01-2026
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no.1 is the Gotani, whereas petitioner No.2 is the Bhaisur of the
deceased. He further submits that, as a matter of fact, the
deceased fell down from the roof of the house due to which she
sustained several injures on her body and died. He further
submits that the petitioners have never demanded any dowry
and the allegation of demand of dowry of one motorcycle and
Rs. 50,000/- is false and concocted. He further submits that the
petitioners live separately since long time and have no concern
with the affairs of the husband of the deceased. The petitioners
have not committed any offence as alleged in the F.I.R. The
petitioners have no criminal antecedent as has been stated in
paragraph no.3 of the present anticipatory bail application
5. Learned counsel for the petitioners further submits
that the co-accused Mantosh Kumar (husband of the deceased)
has been granted regular bail by this Court vide order dated
19.09.2025 passed in Criminal Miscellaneous No. 55034 of
2025 and other co-accused namely Bhuneshwar Ram has been
granted regular bail by this Court vide order dated 21.10.2024
passed in Cr. Misc. No. 71806 of 2024.
6. On the other hand, learned A.P.P. for the State has
vehemently opposed the prayer for grant of anticipatory bail to
the petitioners.
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7. Considering the entire facts and circumstances of
the case and taking into account the submissions made by the
learned counsel for the petitioners, let the petitioners,
abovenamed, in the event of their arrest or 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.10,000/- (Rupees Ten Thousand) each with two sureties of
the like amount each to the satisfaction of the learned court
below where the case is pending/successor court in connection
with Dhanarua P.S. Case No. 217 of 2024 (G.R. No. 748 of
2024), subject to the conditions as laid down under Section 482
(2) of the B.N.S.S.
(Rudra Prakash Mishra, J)
manish/-
U T
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