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Patna High Court

Dhanmatiya DeviversusThe State of Bihar

Decided
Disposal
BAIL GRANTED

Holding

The court held that, due to the absence of incriminating evidence and the petitioner’s clean antecedent, anticipatory bail should be granted subject to prescribed conditions.

Summary

The petitioner, Dhanmatiya Devi, mother‑in‑law of a deceased woman, sought anticipatory bail in a dowry‑death case (Maner P.S. Case No. 231 of 2025) where the FIR alleged assault and death by dowry demand. The prosecution alleged the deceased was assaulted and killed, while the petitioner contended that the FIR only raised suspicion, the post‑mortem showed death by hanging with no external injuries, and she has a clean antecedent. The court examined the lack of substantive evidence linking the petitioner to the alleged offences under Sections 80(2) and 3(5) of the Bharatiya Nyaya Sanhita and Sections 3/4 of the Dowry Prohibition Act. Considering the petitioner’s age, clean record, and the medical findings, the court granted anticipatory bail with specific conditions. The order also clarified that any observations made would not affect the trial.

Issues considered

  • Whether anticipatory bail should be granted to the petitioner in view of the allegations under the Bharatiya Nyaya Sanhita and the Dowry Prohibition Act
  • Whether the evidence, including the post‑mortem report, justifies denial of bail

Legislation cited

Subjects

  • anticipatory bail
  • dowry death
  • Bharatiya Nyaya Sanhita
  • Dowry Prohibition Act
  • CPC 438
  • bail conditions
  • criminal procedure

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.90364 of 2025
                         Arising Out of PS. Case No.-231 Year-2025 Thana- MANER District- Patna
                 ======================================================
                 Dhanmatiya Devi, Son of Harendra Ray, R/o Village - Chaurashi, P.S. -
                 Maner, Dist. - Patna.

                                                                                   ... ... Petitioner/s

                                                        Versus

                 The State of Bihar

                                                        ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :        Mr. Uday Kumar, Advocate
                 For the Opposite Party/s :        Mr. Rajiv Nayan, APP
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE SOURENDRA PANDEY
                                                   ORAL ORDER


3   20-02-2026                   Heard learned counsel for the petitioner and learned

                   A.P.P. for the State.

                                 2. Petitioner apprehends his arrest in connection with

                   Maner P.S. Case No. 231 of 2025 registered for the offences

                   under Sections 80(2) and 3(5) of the Bharatiya Nyaya Sanhita,

                   2023 and Section 3/4 of the Dowry Prohibition Act, 1961.

                                 3. As per the prosecution case, the informant had

                   alleged that he received a call that his sister had hanged herself,

                   upon which the entire family went to her house, and they saw

                   there were black spots on the neck and there was sign of assault

                   by lathi and danda and a cut mark on the body. It is alleged that
Patna High Court CR. MISC. No.90364 of 2025(3) dt.20-02-2026
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          the accused persons used to demand dowry and on account of

          non-fulfillment of the same, the sister of the informant was

          assaulted and thereafter killed.

                       4. Learned counsel for the petitioner submits that the

          petitioner happens to be the mother-in-law of the deceased and

          from perusal of the FIR, only suspicion has been raised against

          all the accused persons. It has further been submitted that the

          entire allegations are false and concocted and as per the

          postmortem report, it would be evident that the cause of death is

          said to be asphyxia due to hanging. It has next been submitted

          that from the postmortem report it would be evident that no

          other external injury was found on the body of the petitioner

          despite the fact that the informant has alleged that there was a

          cut mark on the body of the deceased. It has lastly been

          submitted that the petitioner happens to be an old lady with

          clean antecedent.

                       5. Learned APP for the State has opposed the prayer

          for anticipatory bail.

                       6. Considering the facts and circumstances of the case

          and the submissions advanced on behalf of the parties, let the

          petitioner above named be released on anticipatory bail, in the

          event of arrest or surrender before the learned Court below
Patna High Court CR. MISC. No.90364 of 2025(3) dt.20-02-2026
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          within a period of four weeks from today, on furnishing bail

          bonds of Rs.10,000/-(ten thousand) 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

          Maner P.S. Case No. 231 of 2025, subject to the conditions as

          laid down under Section 438(2) of the Code of Criminal

          Procedure read with corresponding Section 482(2) of B.N.S.S.

          as well as subject to the following conditions:-

                          (i) One of the bailors of the petitioner shall be his close
                          relative.
                          (ii) The petitioner shall remain physically present in
                          Court on each date of the trial.
                          (iii) In case of absence on two consecutive dates, or in
                          violation of the terms of the bail, the bail bond of the
                          petitioner will be liable to be cancelled by the Court
                          concerned.
                          (iv) If the petitioner is found involved in similar nature
                          of offence in future, the prosecution shall be at liberty
                          to move for cancellation of his bail bond.
                          (v) The learned Court below shall verify the criminal
                          antecedent of the petitioner and in case at any stage it is
                          found that the petitioner has concealed his criminal
                          antecedent, the court below shall take step for
                          cancellation of bail bond of the petitioner. However, the
                          acceptance of bail bonds in terms of the above-
                          mentioned order shall not be delayed for purpose of or
                          in the name of verification.

                       7. Accordingly, the prayer for anticipatory bail is
              Patna High Court CR. MISC. No.90364 of 2025(3) dt.20-02-2026
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                        allowed.

                                     8. It is made clear that the observation, if any, made in

                        this order, shall be of no bearing during the trial.



                                                 (Sourendra Pandey, J)
manoj/-

U         T


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