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Patna High Court

Shanti Devi @ Puja DeviversusThe State of Bihar

Decided
Disposal
BAIL GRANTED

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

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
                                            2/3




          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.
           Patna High Court CR. MISC. No.89618 of 2025(2) dt.16-01-2026
                                                       3/3




                                  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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