CR. MISC./38497/2026 of Rita Devi Vs The State of Bihar on 17 August 2026

ORAL ORDER

17-08-2026

1. Heard learned counsel for the petitioners and learned A.P.P. for the State.

2. The petitioners apprehend their arrest in a case registered for the offence punishable under Sections 103(1), 80, 123 and 3(5) of the B.N.S., 2023

3. The Investigating Officer of the case, in compliance of the order dated 06.08.2026, is present in the Court.

4. Learned counsel for the petitioners submits that petitioners are persons with clean antecedent and the informant alleges that his sister was married to Sujit in May, 2025, after marriage, the victim was tortured for non-fulfillment of dowry demand of Rs. 3 lacs and a motorcycle, next alleges that on

13.02.2026, all the accused persons including the petitioners assaulted his sister and thereafter administered poison and the doctor declared the victim dead on arrival.

5. Learned counsel for the petitioners submits that petitioners have been falsely implicated in the instant case by the informant being mother-in-law, Nandoshi, Nanad and Devar of the deceased. It is further submitted that informant is not an eyewitness to the occurrence and the entire occurrence hinges around suspicion. It is also submitted that even demand of dowry and torture is general and omnibus in nature. It is further submitted that married sister-in-law and her husband have also been implicated in the instant case only with an intent to coerce the entire family members of the husband of the deceased into submission. It is further submitted that in the FIR, it is specifically alleged that on 13.02.2023 all the accused persons assaulted the victim and thereafter administered her poison leading to her death. It is next submitted that had the petitioners been involved in the occurrence, in that event, efforts would have been made to dispose of the dead body with an intent to conceal the evidence but then the dead body was sent for postmortem for ascertaining the cause of death. It is fairly submitted that no doubt the victim died within seven years of her marriage and in law there is a presumption against the husband and his family members but then all deaths are not dowry death. It is also submitted that whenever any dispute arises in between the husband and the wife and occurrence of the nature as alleged takes place, the entire family members are implicated in a mechanical manner with general and omnibus allegation.

6. On query of the Court from the Investigating Officer that as to what material transpired during the course of investigation to connect the petitioners with the offence, on which, the Investigating Officer of the case fairly submits that the postmortem report records no external injury and the death has been caused on account of poisoning but then it is fairly submitted that no material transpired during the course of investigation connecting the petitioners with the offence that they forcefully administered poison to the victim. It is also submitted that investigating is continuing, on which, the learned counsel appearing on behalf of the petitioners submits that if privilege of anticipatory bail is granted to the petitioners, the petitioners will not abscond rather will cooperate in the investigation to prove their innocence. It is also submitted that husband of the deceased is in custody.

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

8. After hearing the learned counsel for the parties and taking into submissions made by the learned counsel appearing on behalf of the petitioners and also the submission made by the Investigating Officer, the petitioners above-named, in the event of their arrest or surrender within a period of six weeks from today, be released on anticipatory bail on furnishing bail bonds of Rs.10,000/- (Rupees Ten Thousand) each with two sureties of the like amount each to the satisfaction of learned trial court where the case is pending/successor court in connection with Uphara P.S. Case No.20 of 2026, subject to the conditions as laid down under Section 482(2) of the B.N.S.S.

9. However, it is made clear that in the event if the Investigating Officer of the case files an application before the learned trial court bringing to its notice that the petitioners despite giving assurance to this court are not co-operating in the investigation in that event the learned trial court shall be at liberty to cancel the bail bonds of the petitioners.

10. The personal appearance of the Investigating Officer of the case is dispensed with.

amit/- (Satyavrat Verma, J) U T