CR. MISC./51592/2026 of Rekha Devi Vs The State of Bihar on 21 August 2026

ORAL ORDER

21-08-2026 Heard the learned Advocate for the petitioners, learned Advocate for the informant and the learned Additional Public Prosecutor for the State.

2. The petitioners are apprehending their arrest in connection with Rajauli P.S. Case No. 241 of 2026, registered for the offences punishable under Sections 80(2) and (5) of the B.N.S. and Section ¾ of the Dowry Prohibition Act.

3. From the FIR it appears that the petitioners, along with co-accused persons, are alleged to have killed the informant's daughter by strangulating her due to non-fulfillment of dowry demand.

Patna High Court CR. MISC. No.51592 of 2026(3) dt.21-08-2026

4. Learned Advocate for the petitioners submitted that petitioner nos. 1 and 2 are parents-in-law, whereas petitioner no. 3 is brother-in-law. Moreover, on perusal of the FIR, the allegation clearly appears to be omnibus in nature, and the husband against whom the entire prosecution case revolves is in judicial custody. Referring to the post-mortem report, it is further submitted that the cause of death is said to be asphyxia due to strangulation. The petitioners are in-laws persons and are not directly involved in day-to-day affairs of the husband and wife; residing separately, and they undertake that they will fully cooperate in the proceeding of the Court.

5. On the other hand, learned Advocate for the State and the informant opposed the pre-arrest bail application and submits that the deceased died within three years of marriage and preceding to her death, there was allegation of demand of dowry and torture, and as such, the dowry death cannot be ruled out. Moreover, the death is caused due to strangulation, and this could not have happened without the help of other accused persons.

6. Having considered the submissions advanced on behalf of the learned Advocate for the respective parties and taking note of the post-mortem report, which does not reflect any other external mark of injuries; save and except Patna High Court CR. MISC. No.51592 of 2026(3) dt.21-08-2026

strangulation, now the husband is behind the bars, and so far the petitioners are concerned, they are in-laws persons and ready to face the proceeding, this Court is acceded to the prayer for anticipatory bail, let the petitioners above named be released on bail, in the event of their arrest or surrender before the court below within a period of four weeks from the date of receipt/production of a copy of this order, upon furnishing bail bonds of Rs.10,000/- (ten thousand) each with two sureties of the like amount each to the satisfaction of the learned C.J.M., Nawada in connection with Rajauli P.S. Case No. 241 of 2026, subject to the conditions laid down in Section 482(2) of the Bharatiya Nagrik Suraksha Sanhita, 2023 with the further condition that one of the bailors shall be the own/close family members of the petitioners.

shivank/- (Harish Kumar, J) U T