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Patna High Court

Sita DeviversusThe State of Bihar

Decided
Disposal
BAIL GRANTED

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

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
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                        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/-

U      T


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