Patna High Court
Sita DeviversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- PRABHAT KUMAR SINGH
Holding
Anticipatory bail was granted to the petitioner on the ground of the general nature of the accusation and her clean antecedents.
Summary
The petitioner, Sita Devi, mother‑in‑law of a deceased woman, was implicated in a dowry‑death case under multiple sections of the B.N.S. and the Dowry Prohibition Act. She sought anticipatory bail, claiming she had no involvement, clean antecedents, and that the allegations against her were vague and based on a non‑eye‑witness informant. The State opposed the bail, arguing the seriousness of the offences. The Court noted the general and omnibus nature of the accusation, the lack of specific overt acts attributed to the petitioner, and her clean record, and therefore granted anticipatory bail. The bail was conditioned on a bond of Rs.10,000 with two sureties and compliance with Section 482(2) of the B.N.S.S. if arrested within eight weeks.
Issues considered
- What is the appropriateness of granting anticipatory bail to the petitioner in a dowry‑death case where the allegations against her are general and lack specific evidence?
Legislation cited
- B.N.S. — s. 103(1), 182(2), 238, 3(5), 351(2), 351(3), 352, 85
- B.N.S.S. — s. 482(2)
- Dowry Prohibition Act — s. 3, 4
Subjects
- dowry death
- anticipatory bail
- general and omnibus accusation
- clean antecedents
- Section 482
- criminal procedure
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.91716 of 2025
Arising Out of PS. Case No.-3 Year-2025 Thana- AURAI District- Muzaffarpur
======================================================
Sita Devi W/o Jai Kishore Rai Resident of Village- Panapur, P.S.- Aurai,
District- Muzaffarpur
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner : Mr. Chandra Shekhar Anand, Advocate
For the State : Mr. Bharat Bhushan, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH
ORAL ORDER
3 09-04-2026 Heard learned counsel appearing on behalf of the
petitioner and learned A.P.P. appearing on behalf of the State.
2. The petitioner apprehends her arrest in a case
registered for the offence punishable under Sections 85, 182(2),
103(1), 238, 351(2), 351(3), 352 and 3(5) of the B.N.S. and
Sections 3 and 4 of the Dowry Prohibition Act.
3. It is a case of dowry death. As per prosecution case,
informant alleged that marriage of his sister was solemnized
with co-accused Pujan Kumar Yadav on 25.05.2015 as per
Hindu rites and rituals and thereafter, all the F.I.R. named
accused persons, including this petitioner, committed torture and
harassment with the victim due to non-fulfillment of demand of
dowry and subsequently, all the accused persons committed
murder of the victim.
Patna High Court CR. MISC. No.91716 of 2025(3) dt.09-04-2026
2/3
4. It is submitted by learned counsel appearing on
behalf of the petitioner that petitioner is quite innocent and has
committed no offence. Petitioner has falsely been implicated in
this case merely because she happens to be mother-in-law of the
deceased. Petitioner is separate in mess and property and has got
no concern with the affairs of the deceased and her husband.
Informant is not an eye witness of the alleged occurrence.
Allegation of demand of dowry is general and omnibus and no
specific accusation of overt act has been alleged against this
petitioner. As a matter of fact, the deceased committed suicide.
Thrust of accusation is against husband of deceased who is
already in custody since 20.02.2026. Petitioner is a lady and
claims clean antecedents.
5. Learned A.P.P. for the State has vehemently
opposed the prayer for grant of anticipatory bail to the
petitioner.
6. Considering the facts and circumstances of the
case, general and omnibus nature of accusation and clean
antecedents of the petitioner, the prayer for grant of anticipatory
bail to the petitioner is allowed.
7. Accordingly, in the event of arrest/surrender within
a period of eight weeks from today, let the above named
Patna High Court CR. MISC. No.91716 of 2025(3) dt.09-04-2026
3/3
petitioner be enlarged on bail on furnishing bail-bond of Rs.
10,000/- (ten thousand) with two sureties of the like amount
each to the satisfaction of learned Judicial Magistrate, 1st Class,
Court No. 3, Muzaffarpur in connection with Aurai P.S. Case
No. 03 of 2025, subject to condition as laid down under Section
482(2) of the B.N.S.S..
(Prabhat Kumar Singh, J)
shashank/-
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