Sanju Devi Vs The State of Bihar — Anticipatory Bail | Patna HC (2026)

Sanju Devi Vs The State of Bihar — Anticipatory Bail | Patna HC (2026)

What the court decided

AI extract

Outcome

Anticipatory bail: petitioner directed to be enlarged on bail in the event of her arrest/surrender within four weeks from the order, on furnishing a bail bond of Rs.10,000/- with two sureties of the like amount each, to the satisfaction of the learned Chief Judicial Magistrate, Jehanabad/concerned court in connection with Hulashganj P.S. Case No. 254 of 2024, subject to the conditions laid down under Section 438(2) of the Cr.P.C./Section 482(2) of the Bhartiya Nagarik Suraksha Sanhita.

Issue for consideration

Whether the petitioner, named in the F.I.R. and apprehending arrest in Hulashganj P.S. Case No. 254 of 2024 for offences punishable under Sections 80(2), 238(a) & 3(5) of the BNS 2023, should be enlarged on anticipatory bail.

Court's answer

Anticipatory bail granted: in the event of the petitioner's arrest/surrender within four weeks of the order, she is to be enlarged on bail on furnishing a bail bond of Rs.10,000/- with two sureties of the like amount each, to the satisfaction of the learned Chief Judicial Magistrate, Jehanabad/concerned court, subject to the conditions laid down under Section 438(2) of the Cr.P.C./Section 482(2) of the BNSS.

Ratio / Principle

The demand of dowry was specific against the husband of the deceased; the implication of the petitioner, a lady of clean antecedents, appears prima facie to be only as the mother of the husband of the deceased.

Detailed headnote1 paragraphs

Anticipatory bail – granted. Patna High Court (Chandra Shekhar Jha, J) allowed the pre-arrest bail application of the petitioner, the mother-in-law of the deceased, named in the FIR in Hulashganj P.S. Case No. 254 of 2024 registered under Sections 80(2), 238(a) & 3(5) of the Bhartiya Nyay Sanhita, 2023, arising from the alleged dowry death of the informant's daughter. Noting that the demand of Rs. 50,000/- was specifically raised against the deceased's husband, Sunny Kumar, and that the petitioner, a lady of clean antecedents, appeared prima facie implicated only as the mother of the husband of the deceased, the Court directed that in the event of her arrest/surrender within four weeks she be enlarged on bail on a bond of Rs.10,000/- with two sureties of the like amount each, subject to the conditions under Section 438(2) Cr.P.C./Section 482(2) BNSS.

IN THE HIGH COURT OF JUDICATURE AT PATNA CRIMINAL MISCELLANEOUS No.32842 of 2025

Arising Out of PS. Case No.-254 Year-2024 Thana- HULASGANJ District- Jehanabad

======================================================

Sanju Devi W/O Anil Yadav @ Anil Kumar R/O Village-Rupbigha, PSHulashganj, Distt-Jehanabad

... ... Petitioner

Versus

The State of Bihar ... ... Opposite Party ====================================================== Appearance : For the Petitioner/s : Mr.Uday Kumar, Advocate For the Opposite Party/s : Mr.Kalyan Shankar, APP ======================================================

CORAM: HONOURABLE MR. JUSTICE CHANDRA SHEKHAR JHA ORAL ORDER

4 13-01-2026

Heard learned counsel for the petitioner and learned

APP for the State.

The accused-petitioner, named in the F.I.R., is

apprehending her arrest in connection with Hulashganj P.S. Case No. 254 of 2024 registered for the offences punishable under Sections 80(2), 238(a) & 3(5) of the Bhartiya Nyay Sanhita, 2023 (in short, the ‘B.N.S.’).

As per FIR, petitioner alongwith other co-accused

persons/family members caused death of daughter of the informant due to non-fulfillment of demand of dowry as raised

for a cash of Rs. 50,000/- which was demanded by the

husband of the deceased namely, Sunny Kumar.

Learned counsel appearing on behalf of the

Patna High Court CR. MISC. No.32842 of 2025(4) dt.13-01-2026 2/3

petitioner submitted that petitioner is the mother-in-law and she was living separately with the deceased and her husband much prior to the occurrence, having no connection with their daily and domestic affairs. It is pointed out that she was implicated only for the reason that she is mother of husband of the daughter of the informant. It is further pointed out that being a short tampered lady out of family quarrel, daughter of the informant committed suicide and, moreover, demand of dowry, as raised for cash of Rs. 50,000/- appears specifically raised against husband of the deceased namely, Sunny Kumar. As per FIR, this petitioner, who is a lady, has no criminal antecedent.

Learned A.P.P. for the State opposes the prayer of anticipatory bail of the petitioner.

In view of the aforesaid factual submissions and by taking note of the fact as the demand of dowry is specific against the husband of the deceased daughter of the informant, where implication of this petitioner, who is a lady of clean antecedent, appears prima-facie being the mother of husband of the deceased, accordingly, above-named

Patna High Court CR. MISC. No.32842 of 2025(4) dt.13-01-2026 3/3

petitioner, in the event of her arrest/surrender within a period of four weeks from this order, is directed to be enlarged on bail on furnishing of bail bond of Rs.10,000/- (ten thousand only) with two sureties of the like amount each to the satisfaction of learned Chief Judicial Magistrate, Jehanabad/concerned court in connection with Hulashganj P.S. Case No. 254 of 2024, subject to the conditions as laid down under Section 438(2) of the Cr.P.C/Section 482(2) of the Bhartiya Nagarik Suraksha Sanhita (in short “B.N.S.S.”).

(Chandra Shekhar Jha, J)

Rajeev/-

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