Patna High Court
Dhanmatiya DeviversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- SOURENDRA PANDEY
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
- Bharatiya Nyaya Sanhita, 2023 — s. 3(5), 482(2), 80(2)
- Code of Criminal Procedure — s. 438(2)
- Dowry Prohibition Act, 1961 — s. 3, 4
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
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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
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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
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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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