Patna High Court
Meera DeviversusThe State of Bihar
- Decided
- Disposal
- PARTLY ALLOWED (DISPOSAL)
- Bench
- SANDEEP KUMAR
Holding
The court rejected the anticipatory bail for Meera Devi and granted anticipatory bail to Arti Devi subject to conditions under Section 438(2) of the CrPC.
Summary
The petitioners, Meera Devi and Arti Devi, were accused of killing the daughter of an informant in a dowry dispute, under sections 80 and 61(2) of the B.N.S., 2023. They filed an anticipatory bail application under Section 438(2) of the CrPC. Meera Devi withdrew her application and was directed to surrender and seek regular bail, resulting in the rejection of her anticipatory bail. Arti Devi, being the sister‑in‑law of the deceased, faced a general allegation and the court allowed her anticipatory bail, subject to a bond of Rs.10,000 with two sureties and conditions under Section 438(2). The order directs that if Meera Devi surrenders, her regular bail will be considered by the lower court.
Issues considered
- Whether anticipatory bail can be granted to Arti Devi despite general allegations under Section 438 CrPC.
- Whether the anticipatory bail application of Meera Devi should be dismissed after her withdrawal.
Legislation cited
- B.N.S., 2023 — s. 61(2), 80
- Code of Criminal Procedure — s. 438(2)
Subjects
- anticipatory bail
- Section 438 CrPC
- dowry death
- bail bond
- regular bail
- B.N.S. 2023
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.91112 of 2025
Arising Out of PS. Case No.-137 Year-2025 Thana- ALOULI District- Khagaria
======================================================
1. Meera Devi Wife of Tiro Mukhiya @ Triveni Mukhiya Resident of Village-
South Bahorba Ward No. 14, P.S.- Allouli, District- Khagaria
2. Arti Devi Wife of Vijay Mukhiya Resident of Village-South Bahorba Ward
No. 14, P.S.- Allouli, District- Khagaria
... ... Petitioner
Versus
The State of Bihar
... ... Opposite Party
======================================================
Appearance :
For the Petitioner : Mr. Mritunjay Kumar, Advocate
For the State : Mr. Nand Kishore Prasad, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE SANDEEP KUMAR
ORAL ORDER
2 28-01-2026 Heard learned counsel for the petitioners and learned
APP for the State.
2. This application for anticipatory bail arises
out of Alouli P.S. Case No.137 of 2025 registered for the
offence punishable under sections 80 & 61(2) of the B.N.S.,
2023.
3. The petitioners are said to have killed the
daughter of the informant for demand of dowry. The petitioner
no.1 is the mother-in-law and petitioner no.2 is the sister-in-law
(gotni) of the deceased.
4. After some arguments, learned counsel for
the petitioners prays for and is permitted to withdraw this bail
application on behalf of petitioner no.1 namely, Meera Devi, to
Patna High Court CR. MISC. No.91112 of 2025(2) dt.28-01-2026
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surrender before the court below and seek regular bail.
5. Accordingly, this bail application is rejected
on behalf of petitioner no.1 namely, Meera Devi. If the
petitioner no.1 surrenders before the court below and prays for
regular bail, her bail application shall be considered by the court
below on its merit without being influenced by this order.
6. Since the petitioner no.2 is the sister-in-law
(gotni) of the deceased and there is general and omnibus
allegation against her, this application is allowed.
7. Let the petitioner no.2, above named, in the
event of her arrest/surrender within six weeks from today in the
Court below, be released on bail on furnishing bail bond of Rs.
10,000/- (Ten Thousand) with two sureties of the like amount
each to the satisfaction of the learned Judicial Magistrate, 1 st
Class, Khagaria / concerned Court below, in connection with
Alouli P.S. Case No.137 of 2025, subject to the conditions as
laid down under Section 438(2) of the Code of Criminal
Procedure.
(Sandeep Kumar, J)
pawan/-
U T
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