Patna High Court
Savita Devi @ Savita KumariversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- SATYAVRAT VERMA
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
- Bihar Narcotic Substances Act, 2023 — s. 3(5), 482(2), 80
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/-
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