Patna High Court
Malti DeviversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- PRABHAT KUMAR SINGH
Holding
Anticipatory bail is granted to the petitioner subject to the conditions specified under Section 482(2) of the Bharatiya Nagarik Suraksha Sanhita.
Summary
The petitioner, Malti Devi, mother‑in‑law of a deceased woman, was implicated in a dowry‑death case under Sections 80 and 3(5) of the Bharatiya Nyaya Sanhita. She filed an anticipatory bail application, asserting innocence, clean antecedents and that the primary accused, the husband of the deceased, was already in custody. The State opposed the bail. The Court, considering the nature of the accusation, the over‑implication of the petitioner and the fact that the principal accused was detained, allowed anticipatory bail subject to a bail bond of Rs.10,000 with two sureties and conditions under Section 482(2) of the Bharatiya Nagarik Suraksha Sanhita, 2023. The order directs that if arrested within eight weeks, the petitioner be released on bail upon compliance with the stipulated conditions.
Issues considered
- Whether anticipatory bail should be granted to the petitioner under the Bharatiya Nyaya Sanhita in a dowry‑death case.
- Whether the presence of the principal accused in custody justifies granting anticipatory bail to an alleged co‑accused.
Legislation cited
- Bharatiya Nagarik Suraksha Sanhita, 2023 — s. 482(2)
- Bharatiya Nyaya Sanhita — s. 3(5), 80
Subjects
- anticipatory bail
- dowry death
- Bharatiya Nyaya Sanhita
- Section 80
- Section 3(5)
- Section 482(2)
- bail conditions
- over‑implication
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.993 of 2026
Arising Out of PS. Case No.-89 Year-2024 Thana- DUMARIYA District- Gaya
======================================================
Malti Devi W/o Tulsi Paswan @ Tulshi Paswan R/o Village-Sidhpur, P.S.-
Dumaria, District- Gaya
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Vijay Kumar, Advocate
For the Opposite Party/s : Ms. Madhuri Lata, Addl. Public Prosecutor
======================================================
CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH
ORAL ORDER
2 21-01-2026 Heard learned counsel for the petitioner and the State.
2. Petitioner apprehends arrest in a case registered for
the offences punishable under Sections 80 and 3(5) of the
Bharatiya Nyaya Sanhita.
3. It is a case of dowry death. Prosecution case, in
brief, is that marriage of sister-in-law of the informant was
solemnized with co-accused Manohar Kumar in the year 2019
and thereafter, it is alleged that all the F.I.R. named accused
persons including this petitioner tortured and killed her due to
non-fulfillment of demand of dowry.
4. Learned counsel for the petitioner submits that
petitioner is innocent and has committed no offence. Petitioner
is mother-in-law of the deceased and she is simply victim of
over-implication. Allegation against petitioner is general and
Patna High Court CR. MISC. No.993 of 2026(2) dt.21-01-2026
2/2
omnibus. Petitioner is separate in mess and property and has got
no concern with family affairs of the deceased. He further
submits that thrust of accusation is against husband of the
deceased who is already in custody. Petitioner claims clean
antecedent.
5. Learned A.P.P. for the State vehemently opposed
the bail application.
6. Considering backdrop of the case, nature of
accusation and the fact that husband of the deceased is already
in custody, this anticipatory bail is allowed and it is ordered that
let the above named petitioner in the event of her
arrest/surrender before the court below within a period of eight
weeks from today, 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 Sub-Divisional
Judicial Magistrate, Sherghati at Gaya in connection with
Dumaria P. S. Case No. 89 of 2024, subject to condition as laid
down under Section 482(2) of the Bharatiya Nagarik Suraksha
Sanhita, 2023.
(Prabhat Kumar Singh, J)
Navya/-
U T
Checking your session…