Patna High Court
Urmila DeviversusThe State of Bihar
- Decided
- Disposal
- BAIL REJECTED
- Bench
- ANIL KUMAR SINHA
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
- Indian Penal Code — s. 304(b), 34
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
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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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