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Patna High Court

Urmila DeviversusThe State of Bihar

Decided
Disposal
BAIL REJECTED

Holding

The second anticipatory bail application is rejected as no fresh ground is shown and the earlier rejection stands.

Summary

The petitioner, mother‑in‑law of a deceased woman, filed a second anticipatory bail application under Section 438 of the CrPC in connection with a dowry death case (IPC Sections 304(b) and 34). The first application had been rejected on merit. The petitioner argued that the deceased's husband had been acquitted and that the death was a suicide, citing the post‑mortem report. The Court observed that the acquittal of the husband does not constitute a fresh ground for a new bail application and that the earlier decision had already considered all relevant factors. Consequently, the Court declined to entertain the second application and rejected it. The petition was therefore disposed of without granting bail.

Issues considered

  • Whether a second anticipatory bail application can be entertained when the first has been rejected on merit.
  • Whether the acquittal of the deceased's husband and the claim of suicide constitute a fresh ground for granting anticipatory bail.
  • Whether the petitioner, as mother‑in‑law, can be implicated in a dowry death case under IPC 304(b) and 34.

Legislation cited

Subjects

  • anticipatory bail
  • dowry death
  • IPC 304(b)
  • IPC 34
  • second application
  • petition rejected
  • mother‑in‑law

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                                CRIMINAL MISCELLANEOUS No.94 of 2026
                       Arising Out of PS. Case No.-88 Year-2024 Thana- KATEYA District- Gopalganj
                 ======================================================
                 Urmila Devi W/O Suresh Ram Resident of Village - Jamunaha, P.S. - Kateya,
                 Dist. - Gopalganj.

                                                                                   ... ... Petitioner/s
                                                        Versus
                 The State of Bihar Bihar

                                                        ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :        Mr.Adesh Raj
                 For the Opposite Party/s :        Mr.Ashok Kumar Singh
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE ANIL KUMAR SINHA
                                       ORAL ORDER

2   09-01-2026        1. Heard the parties.

                      2. This is second anticipatory bail application filed by the

                   petitioner who apprehends his arrest in connection with Kateya

                   P.S. Case No. 88 of 2024 dated 15.03.2024 registered for the

                   offence under Section 304(B) / 34 of the I.P.C.

                      3. It is a case of dowry death. The petitioner is the mother-in-

                   law of the deceased.

                      4. The anticipatory bail application of the petitioner was

                   earlier rejected on 31.08.2024 vide Cr. Misc. No. 54350 of 2024

                   on merit.

                      5. Learned counsel for the petitioner submits that petitioner is

                   the mother-in-law of the deceased and has falsely been

                   implicated in this case on the basis of general and omnibus

                   alleged. The husband of the deceased was arrested on
               Patna High Court CR. MISC. No.94 of 2026(2) dt.09-01-2026
                                                           2/2




                         15.03.2024 and has been acquitted by the trial court vide

                         judgment dated 24.09.2025 passed in S.T. Case No. 729 / 2024

                         (Annexure-P/2). Learned counsel further submits that death is

                         suicidal in nature which would be evident from post mortem

                         report in which the cause of death has been shown as asphyxia

                         due to hanging.

                            6. Having considered the submissions advanced by the

                         petitioner, taking into account the fact that petitioner tried to

                         argue the matter afresh on the ground of acquittal of the husband

                         of the deceased which in my opinion is not a ground for

                         consideration of anticipatory bail application for the second time

                         as well as the fact that this Court at the time of hearing of first

                         anticipatory bail application took all the relevant factors into

                         consideration and thereafter rejected the prayer for anticipatory

                         bail on merit, as such, I am not inclined to entertain the second

                         anticipatory bail application filed by the petitioner on certain

                         grounds placed for the second time. Accordingly, the same is

                         rejected.



                                                  (Anil Kumar Sinha, J)
praful/-

U          T


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