Patna High Court

Kanti DeviversusThe State of Bihar

Decided: 16 January 2026
Disposal: BAIL GRANTED
Bench: R P MISHRA

Holding

The Court granted anticipatory bail to the petitioner, subject to bond and surety conditions, as there were no direct allegations against her.

Summary

The petitioner, Kanti Devi, sought anticipatory bail fearing arrest in a dowry‑death case (Alipur P.S. Case No. 53 of 2025) where the prosecution alleged involvement in torture and murder under Sections 80(2), 85 and 3(5) of the Bharatiya Nyaya Sanhita, 2023. The petitioner is the sister‑in‑law of the deceased and contended that she was falsely implicated, highlighting a two‑day delay in filing the FIR and the absence of any specific overt act attributed to her. Counsel emphasized that the petitioner has no criminal antecedent, is separate in business, and that the husband of the deceased is already in custody. The State opposed the bail, arguing the seriousness of the offences. The Court noted the lack of direct allegations against the petitioner and, applying Section 482(2) of the Bharatiya Nagarika Suraksha Sanhita, 2023, ordered anticipatory bail subject to a bond of Rs.15,000 and two sureties. The order conditioned the bail on the petitioner surrendering before the lower court within six weeks.

Issues considered

Whether anticipatory bail should be granted to the petitioner in the dowry‑death case despite the seriousness of the alleged offences.

Legislation cited

Bharatiya Nagarika Suraksha Sanhita, 2023 — s. 482(2)
Bharatiya Nyaya Sanhita, 2023 — s. 3(5), 80(2), 85

Subjects

anticipatory bail
dowry death
false implication
Bharatiya Nyaya Sanhita
Bharatiya Nagarika Suraksha Sanhita
criminal procedure

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.90546 of 2025
                         Arising Out of PS. Case No.-53 Year-2025 Thana- ALIPUR District- Gaya
                 ======================================================
                 Kanti Devi Wife of Upendra Paswan Resident of Village - Jhikatiya, Azad
                 Nagar, Murahi, P.S.- Arwal, District - Arwal


                                                                                   ... ... Petitioner/s
                                                       Versus

                 The State of Bihar


                                                        ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :       Mr. Yogesh Kumar, Advocate
                 For the Opposite Party/s :       Mr. Sanjay Kumar Sharma, APP
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE RUDRA PRAKASH
                 MISHRA
                                       ORAL ORDER

2   16-01-2026             Heard learned counsel for the petitioner and learned APP

                   for the State.

                           2. The petitioner apprehend his arrest in connection with

                   Alipur P.S. Case No. 53 of 2025 instituted for the offences under

                   Sections 80(2), 85, 3(5) of the Bharatiya Nyaya Sanhita, 2023.

                           3. Prosecution case, in short, is that the accused persons

                   including the petitioner tortured and killed the deceased for the

                   non-fulfillment of demand of dowry.

                           4. Learned counsel for the petitioner submitted that the

                   petitioner has falsely been implicated in the present case.

                   Petitioner is sister-in-law of the deceased. Learned counsel

                   further submitted that there is a delay of two days in lodging the
Patna High Court CR. MISC. No.90546 of 2025(2) dt.16-01-2026
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          FIR without any plausible explanation, which in itself, raises

          doubt over the prosecution story. Learned counsel for the

          petitioner submitted that general and omnibus allegation has

          been made against the petitioner. No specific overt act is alleged

          against the petitioner. Learned counsel further submitted that

          petitioner is separate in mess and business and have got no

          concern in the family affairs of the deceased and her husband.

          Husband of the deceased is already in custody. It has been

          submitted on behalf of the petitioner that the petitioner has no

          criminal antecedent. Other co-accused has been granted bail by

          this Court vide order dated 01-08-2025, passed in Cr. Misc. No.

          52210 of 2025.

                  5. Learned A.P.P. for the State has vehemently opposed

          the prayer for grant of bail to the petitioner.

                  6. Considering the aforesaid facts and circumstances of

          the case as also there being no direct allegation against the

          petitioner, let the petitioner, above named, in the event of

          arrest/surrender before the Court below within a period of six

          weeks from today, be released on anticipatory bail on furnishing

          bail bonds of Rs. 15,000/- (Fifteen Thousand) with two sureties

          of the like amount each to the satisfaction of Court

          below/concerned Court in connection with Alipur P.S. Case No.
           Patna High Court CR. MISC. No.90546 of 2025(2) dt.16-01-2026
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                     53 of 2025, subject to the conditions as laid down under Section

                     482(2) of the Bharatiya Nagarika Suraksha Sanhita, 2023.


                                                                 (Rudra Prakash Mishra, J)

Raj Kishore/-
U      T

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