Patna High Court
Triful DeviversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- AJIT KUMAR
Holding
The Court granted anticipatory bail to the petitioners subject to bond and conditions under Section 482(2) of the B.N.S.S.
Summary
The petitioners, a group of women related to the deceased, sought anticipatory bail fearing arrest in a dowry‑death case (Balwa Hat P.S. Case No. 18 of 2025). The prosecution alleged that they demanded dowry, subjected the victim to cruelty and, upon non‑payment, caused her death, invoking Sections 80, 108, 61(2) and 3(5) of the B.N.S. (corresponding to IPC Sections 304B, 306, 120B, 34). The petitioners contended that the FIR primarily implicates the husband of the deceased, who is already in judicial custody, and that they have no role in the alleged crime, posing no risk of absconding or tampering with evidence. The State opposed the bail, but the Court, noting the husband’s custody and the petitioners’ lack of involvement, exercised its power under Section 482(2) of the B.N.S.S. to grant anticipatory bail. Each petitioner was ordered to furnish a bail bond of Rs.10,000 with two sureties, subject to conditions, should they be arrested or surrender within six weeks.
Issues considered
- Whether anticipatory bail should be granted to the petitioners under Section 482(2) of the B.N.S.S.
- Whether the petitioners pose a risk of absconding, tampering with evidence, or influencing the investigation
Legislation cited
Subjects
- anticipatory bail
- dowry death
- IPC
- Section 482
- criminal procedure
- bail bond
- family dispute
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.90278 of 2025
Arising Out of PS. Case No.-18 Year-2025 Thana- Balwahat District- Saharsa
======================================================
1. Triful Devi W/o- Late Shivo Mahto Village- Barsam Ward No- 05 Police
Station- Balwahat District- Saharsa
2. Bulbul Devi @ Sukani Mahto W/o- Mukesh Kumar @ Mukesh Mahto
Village- Barsam Ward No- 05 Police Station- Balwahat District- Saharsa
3. Khabru Mahto S/o- Sukamar Mahto Village- Barsam Ward No- 05 Police
Station- Balwahat District- Saharsa
4. Dipak Mahto @ Deepak Mahto S/o- Khabru Mahto Village- Barsam Ward
No- 05 Police Station- Balwahat District- Saharsa
5. Ful Kumari Devi W/o- Pramod Maht, D/o- Late Shibo Mahto Village-
Barsam Ward No- 05 Police Station- Balwahat District- Saharsa, P/A-
Mohanpur Dehad, W.No-14, Ps- Sonbarsa Raj Dist- Saharsa
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr.Satish Kumar Singh, Adv.
For the Opposite Party/s : Mr.Nawal Kishore Prasad, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE AJIT KUMAR
ORAL ORDER
2 15-01-2026 Heard learned counsel for the petitioners and learned APP
for the State.
2. The petitioners are apprehending their arrest in
connection with Balwa Hat P.S. Case No. 18 of 2025 dated
26.01.2025 registered for the offence punishable under Sections
80, 108, 61(2), 3(5) of the B.N.S. (corresponding Sections
304B, 306, 120B, 34 of the I.P.C.).
3. As per prosecution case, the accusation against the
accused persons including the petitioners is of demanding
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money as dowry and subjected her to cruelty and, on account of
non-fulfillment of the alleged dowry demand, they killed the
Informant’s daughter.
4. Learned counsel for the petitioners, by referring to the
allegations made in the F.I.R., submits that the entire allegations
made by the Informant is mainly against the husband of the
deceased and the police, upon investigation, had filed charge-
sheet only against the husband of the deceased but, by differing
with the police report, the cognizance as against the petitioners
is said to have been taken and the petitioner nos. 1 to 4 are in-
laws and relatives while the petitioner no.5 is the married sister-
in-law of the deceased. It has next been submitted that the
husband of the deceased is already languishing in judicial
custody since 03.03.2025 and the petitioner are law abiding
persons and there is no chance of absconding or tampering with
the evidences. All the petitioners are living separately and have
a separate mess and had no cause or concern with the internal
family disputes which is alleged in the F.I.R.
5. On the other hand, the learned APP for the State has
opposed the prayer for bail of the petitioners.
6. Considering the aforesaid facts and circumstances of
the case and the fact that the husband of the deceased is already
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in judicial custody, this Court is inclined to grant privilege of
anticipatory bail to the petitioners. Accordingly, let the above
named petitioners, be released on bail, in the event of their
arrest or surrender before the learned Court below within a
period of six weeks from today, on furnishing bail bond of Rs.
10,000/- (Rupees Ten Thousand) each with two sureties of the
like amount each to the satisfaction of the learned Judicial
Magistrate, 1st Saharsa in connection with Balwahat P.S. Case
No. 18 of 2025, subject to the conditions as laid down under
Section 482(2) of the B.N.S.S.
(Ajit Kumar, J)
rishi/-
U T
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