Allowed¶20

Saroj Devi v. The State of Bihar

Patna HC22 Jul 2026CR. MISC./38312/2026

Case brief

AI extract

What is this about?

Anticipatory bail allowed; dowry-death FIR (S. 80(2), 238, 3(5) BNS; S. 3/4 Dowry Prohibition Act); general and omnibus allegations against sister-in-law (Gotani) of deceased; delay in lodging FIR; co-accused husband already granted regular bail (Cr. Misc. No. 2929 of 2026, dt. 16.04.2026); bail bonds Rs.10,000/- with two like sureties; conditions u/S. 438(2) CrPC / S. 482(2) BNSS, 2023; Jamo Bazar P.S. Case No. 393 of 2025, District Siwan; Patna High Court; CR. MISC. No.38312 of 2026; decided 22-07-2026; Soni Shrivastava J.

What did the court decide?

Anticipatory bail: petitioner to be released on bail upon arrest or surrender before the court below within four weeks, on furnishing bail bonds of Rs.10,000/- with two sureties of the like amount each, subject to the conditions under Section 438(2) CrPC / Section 482(2) BNSS, 2023.

Saroj Devi Vs The State of Bihar — Dowry and Cruelty | Patna HC (2026)

What the court decided

AI extract

Outcome

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Issue for consideration

Whether the petitioner, who apprehends arrest in Jamo Bazar P.S. Case No. 393 of 2025 (Sections 80(2), 238 and 3(5) BNS; Section 3/4 Dowry Prohibition Act), is entitled to anticipatory bail.

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Court's answer

Anticipatory bail granted taking into account the delay in filing the FIR, the general and omnibus nature of the allegations against the petitioner, and the fact that the husband of the deceased has already been granted bail.

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Ratio / Principle

In the event of arrest or surrender before the court below within four weeks, the petitioner is to be released on anticipatory bail in Jamo Bazar P.S. Case No. 393 of 2025 on bail bonds of Rs.10,000/- with two like sureties, subject to the conditions under Section 438(2) CrPC / Section 482(2) BNSS, 2023.

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Detailed headnote1 paragraphs

Anticipatory bail — granted. Petitioner, the sister-in-law (Gotani) of the deceased, apprehended arrest in Jamo Bazar P.S. Case No. 393 of 2025 (Sections 80(2), 238 and 3(5) of BNS and Section 3/4 of Dowry Prohibition Act), arising from an FIR alleging that the informant's daughter, after marriage, was tortured for dowry and killed by members of her matrimonial home. Held: having regard to (i) the delay in filing the FIR, (ii) the general and omnibus nature of the allegations against the petitioner, and (iii) the fact that the husband of the deceased had already been granted regular bail (order dated 16.04.2026 in Cr. Misc. No. 2929 of 2026, Annexure-P/2), it was directed that in the event of arrest or surrender before the court below within four weeks, the petitioner be released on anticipatory bail on bail bonds of Rs.10,000/- with two sureties of the like amount each, subject to the conditions laid down under Section 438(2) of the Code of Criminal Procedure / Section 482(2) of the B.N.S.S, 2023. (Soni Shrivastava, J)

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IN THE HIGH COURT OF JUDICATURE AT PATNA CRIMINAL MISCELLANEOUS No.38312 of 2026

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Arising out of PS. Case No.-393 Year-2025 Thana- JAMOBAZAR District- Siwan

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

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Saroj Devi W/o Manjit Prasad @ Anjit Kumar R/o Vill- Jamo Mathiya, P.SJamo Bazar, Dist- Siwan

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Versus

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The State of Bihar

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... ... Opposite Party/s

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====================================================== Appearance : For the Petitioner/s : Ms. Tanu Shree, Advocate Mr. . Anil Chandra, Advocate For the Opposite Party/s : Ms. Anita Kumari, APP ======================================================

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CORAM: HONOURABLE JUSTICE SMT. SONI SHRIVASTAVA ORAL ORDER

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2 22-07-2026 Heard learned counsel for the petitioner and

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learned APP for the State

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The petitioner apprehends her arrest in

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connection with Jamo Bazar P.S. Case No. 393 of 2025 registered under Sections 80(2), 238 and 3(5) of BNS and Section 3/4 of Dowry Prohibition Act.

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Allegation in the F.I.R is that the marriage of the daughter of the informant was solemnized with Arun Kumar according to Hindu rites and rituals. After marriage, the family members of the matrimonial house of the daughter of the informant started torturing and demanding dowry and on account of nonfulfilment of the same she had been killed.

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Patna High Court CR. MISC. No.38312 of 2026(2) dt.22-07-2026 2/3

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It is submitted by learned counsel for the petitioner that the case arises out of a typed application given by the informant and the petitioner happens to be the sister-in-law (Gotani) of the deceased. It is further submitted that the allegations in the FIR are general and omnibus in nature and as a matter of fact there is a delay of three days in lodging the FIR indicating the case being lodged after due thought and deliberation. It is also submitted that the children of the deceased are staying in the family of the husband and on such ground the husband of the deceased has already been granted regular bail vide order dated 16.04.2026 passed in Cr. Misc. No. 2929 of 2026 (Annexure-P/2).

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The application for anticipatory bail is opposed by learned A.P.P. for the State.

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Taking into consideration the aforesaid facts and circumstances of the case and also considering the fact that there is delay in filing the FIR, coupled with the fact that there are general and omnibus allegations against the petitioner and the husband of the deceased has already been granted bail, it is directed that the

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Patna High Court CR. MISC. No.38312 of 2026(2) dt.22-07-2026 3/3

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petitioner, above named, in the event of her arrest or surrender before the learned Court below within a period of four weeks, be released on anticipatory bail in connection with Jamo Bazar P.S. Case No. 393 of 2025 on furnishing bail bonds of Rs.10,000/- (Rupees Ten Thousand) with two sureties of the like amount each to the satisfaction of the learned Court concerned where the case is pending/successor Court, subject to the condition laid down under Section 438(2) of the Code of Criminal Procedure/Section 482(2) of the B.N.S.S, 2023.

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(Soni Shrivastava, J)

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Vikash/-

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U T

Saroj Devi v. The State of Bihar

Case brief

What is this about?

What did the court decide?

Saroj Devi v. The State of Bihar

Case brief

What is this about?

What did the court decide?

Why is it important?

What the court decided

Issues for consideration

Statutes considered

Procedural history

Parties & counsel

Coram

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