Patna High Court

Suganti DeviversusThe State of Bihar

Decided: 15 January 2026
Disposal: BAIL REJECTED
Bench: PRABHAT KUMAR SINGH

Holding

Anticipatory bail was denied as the allegations under the Bihar Narcotic Substances Act, 2023, coupled with the seriousness of the dowry‑death charge, warranted the petitioners' arrest.

Summary

The petitioners, Suganti Devi and Gita Devi, sought anticipatory bail fearing arrest in a case registered under Sections 80 and 3(5) of the Bihar Narcotic Substances Act, 2023. The FIR alleged that they, along with other accused, killed the informant's sister by pressing her neck to extort dowry, a claim supported by the post‑mortem report. The court examined whether the allegations and the seriousness of the alleged dowry‑death offence warranted denial of anticipatory bail. It considered the statutory provisions and the evidentiary material indicating a prima facie case against the petitioners. Concluding that the allegations were serious and the petitioners were likely to be involved, the court rejected the prayer for anticipatory bail. The petition was therefore dismissed.

Issues considered

Whether anticipatory bail can be granted to the petitioners under Sections 80 and 3(5) of the Bihar Narcotic Substances Act, 2023 in a dowry‑death case
Whether the facts disclosed in the FIR and post‑mortem report establish a prima facie case justifying denial of anticipatory bail

Legislation cited

Bihar Narcotic Substances Act, 2023 — s. 3(5), 80

Subjects

anticipatory bail
dowry death
criminal procedure
Section 80
Section 3(5)
Bihar

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.89716 of 2025
                     Arising Out of PS. Case No.-249 Year-2025 Thana- JAMOBAZAR District- Siwan
                 ======================================================
           1.     Suganti Devi Wife of Sri Jitender Sharma Resident of Village- Madhopur,
                  P.S.- Madhopur, District- Gopalganj
           2.    Gita Devi Wife of Sri Baban Sharma Resident of Village- Jamo Jagdishpur,
                 P.S.- Jamo Bajar, District- Siwan

                                                                                 ... ... Petitioner/s
                                                      Versus
                 The State of Bihar

                                                        ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :      Mr.Natraj Verma
                 For the Opposite Party/s :      Mr.Sanjay Kumar Singh
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH
                                       ORAL ORDER

2   15-01-2026                    Heard learned counsel for the petitioners and learned

                   A.P.P for the State.

                                2. The petitioners apprehend their arrest in a case,

                   registered for offence punishable under Sections 80, 3(5) of the

                   B.N.S., 2023.

                                3. As per F.I.R., all the named accused persons

                   including these petitioners killed sister of informant by pressing

                   her neck for dowry. The post-mortem report also supports the

                   prosecution case. The deceased died in an unnatural

                   circumstances within seven years of marriage at her matrimonial

                   house.

                                4. In the facts and circumstances of the case, the
           Patna High Court CR. MISC. No.89716 of 2025(2) dt.15-01-2026
                                                       2/2




                     prayer for anticipatory bail of petitioners is rejected.



                                                  (Prabhat Kumar Singh, J)
anay

U      T

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