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Patna High Court

Savita Devi @ Savita KumariversusThe State of Bihar

Decided
Disposal
BAIL GRANTED

Holding

The court granted anticipatory bail to the petitioner subject to a bond and sureties, applying Section 482(2) of the Bihar Narcotic Substances Act, 2023.

Summary

Savita Devi sought anticipatory bail fearing arrest in a case registered under Sections 80 and 3(5) of the Bihar Narcotic Substances Act, 2023, relating to the alleged dowry‑related torture and death of her sister‑in‑law. The informant, whose sister discovered the dead body, alleged that the petitioner was part of a conspiracy to demand a motorcycle and that the victim was killed when the demand was not met. The petitioner contended that she has a clean record, that neither the informant nor his sister were eyewitnesses, and that the allegations are purely speculative and mechanically implicate family members. The State opposed the bail, arguing the seriousness of the offences. The court, after considering the submissions, granted anticipatory bail subject to a bond of Rs.10,000 with two sureties and conditions under Section 482(2) of the Bihar Narcotic Substances Act.

Issues considered

  • Whether anticipatory bail can be granted to the petitioner under Section 482(2) of the Bihar Narcotic Substances Act, 2023 in view of the allegations of dowry‑related torture and murder.
  • Whether the material on record is sufficient to deny bail on the ground of likelihood of the petitioner’s involvement in the offence.

Legislation cited

Subjects

  • anticipatory bail
  • Section 80
  • Section 3(5)
  • Section 482(2)
  • Bihar Narcotic Substances Act
  • dowry demand
  • false implication
  • murder investigation

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.90767 of 2025
                    Arising Out of PS. Case No.-105 Year-2025 Thana- SIDHWALIYA District- Gopalganj
                 ======================================================
                 Savita Devi @ Savita Kumari W/O Indrajeet Prasad R/O Village - Balra, P.S-
                 Sidhwaliya, Dist.- Gopalganj
                                                                           ... ... Petitioner/s
                                                Versus
                 The State of Bihar
                                                                    ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :       Mr. Manoj Kumar Madhukar
                 For the Opposite Party/s :       Mr. Aditya Narayan Singh.1
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA
                                       ORAL ORDER

2   13-03-2026                  1. Heard learned counsel for the petitioner, learned

                   A.P.P. for the State and the learned counsel appearing on behalf

                   of the informant.

                                2. The petitioner apprehends her arrest in a case

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

                   the B.N.S., 2023.

                                3. Learned counsel for the petitioner submits that

                   petitioner is a person with clean antecedent and is a woman and

                   the informant alleges that his sister was married to Santosh on

                   26.02.2020, after marriage, the husband along with accused

                   persons including the petitioner were demanding a motorcycle

                   and on account of non-fulfillment of the demand, the victim was

                   tortured, further on 05.06.2025, he came to know that the victim

                   was killed, accordingly, he asked his other sister to verify about

                   the occurrence, as the informant was out of station, in

                   connection with earning, accordingly, his sister went to the place
Patna High Court CR. MISC. No.90767 of 2025(2) dt.13-03-2026
                                            2/3




          of occurrence and found the dead body of the victim lying.

                       4. Learned counsel for the petitioner submits that

          petitioner has been falsely implicated in the instant case by the

          informant. It is next submitted that neither informant nor his

          sister is an eyewitness to the occurrence and the entire allegation

          hinges around suspicion. It is also submitted that the sister of the

          informant was married to Santosh in the year 2020 and in

          between 2020 till filing of the instant FIR, no case ever came to

          be instituted alleging torture on account of non-fulfillment of

          the demand of dowry. It is next submitted that whenever any

          dispute arises in between the husband and the wife and the

          occurrence of the nature takes place, the entire family members

          are implicated in a mechanical manner with general and

          omnibus allegation. It is also submitted that even allegation of

          demand of dowry is general and omnibus in nature. It is further

          submitted that had the petitioner been involved in the

          occurrence along with her family members, in that event, efforts

          would have been made to dispose of the dead body with a view

          to conceal the evidence but then the dead body was found lying

          in the house and the same was sent for postmortem for

          ascertaining the cause of death and the doctor opined that the

          cause of death as asphyxia due to hanging. It is next submitted
           Patna High Court CR. MISC. No.90767 of 2025(2) dt.13-03-2026
                                                       3/3




                     that petitioner being sister-in-law (Gotni) of the deceased came

                     to be implicated in a mechanical manner. It is also submitted

                     that petitioner will not abscond rather will cooperate in the

                     investigation to prove her innocence. It is also submitted that

                     mother-in-law of the deceased had approached this Court

                     seeking anticipatory bail by filing Cr. Misc. No.81033/2025 and

                     the same came to be allowed by an order dated 19.01.2026.

                                  5. Learned A.P.P. for the State and the learned counsel

                     appearing on behalf of the informant opposes the prayer for

                     anticipatory bail of the petitioner.

                                  6. Considering the submissions made by the learned

                     counsel for the petitioner, the petitioner above-named, in the

                     event of his arrest or surrender within a period of six weeks

                     from today, be released on anticipatory bail on furnishing bail

                     bonds of Rs.10,000/- (Rupees Ten Thousand) with two sureties

                     of the like amount each to the satisfaction of the learned trial

                     court where the case is pending/successor court in connection

                     with Sidhwaliya P.S. Case No.105/2025, subject to the

                     conditions as laid down under Section 482(2) B.N.S.S.



                                                          (Satyavrat Verma, J)
amit/-
U      T


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