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2025 Supreme(Online)(Pat) 3788

PATNA HIGH COURT
PRABHAT KUMAR SINGH, J
Anushka Devi Pradeep Kumar @ Guddu Kumar – Appellant
Versus
The State of Bihar – Respondent
CRIMINAL MISCELLANEOUS No.86994 of 2025



Advocates:
For the Appellants/Petitioners: Mr. Ranjeet Kumar
For the Respondents: Mr. Abhay Kumar

Anticipatory bail is granted when allegations are general, omnibus, and lack specific overt acts against the petitioners.

Headnote:This judgment pertains to an anticipatory bail application arising from a dowry death case. The court heard the petitioners' counsel and noted the general nature of the allegations which were deemed insufficient for denial of bail. The court allowed bail for specific petitioners based on their clean antecedents. The final ruling allowed the petitioners bail upon certain conditions.

Table of Content
1. arguments regarding generality of accusations against petitioners (Para 5 , 8)
2. circumstances of the alleged dowry death (Para 6 , 7)
3. decision on bail based on clean antecedents (Para 9)
4. final ruling on the application for anticipatory bail (Para 10 , 11)

CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH ORAL ORDER

2 18-12-2025 Heard learned counsel appearing on behalf of the petitioners and learned APP appearing on behalf of the State.

2. At the outset, learned counsel appearing on behalf of the petitioners seeks permission to withdraw this anticipatory bail application on behalf of Petitioner No. 3, namely Pradeep Kumar, as during pendency of this case, Petitioner No. 3 has already been arrested and the same has become infructuous.

3. Permission, as prayed for, is accorded.

4. Accordingly, this anticipatory bail application with regard to Petitioner No. 3 stands dismissed as withdrawn.

5. Petitioner Nos. 1, 2 and 4 apprehend their arrest in a case registered for the offence punishable under Sections 103 , 80 and 3(5) of the B.N.S. .

6. It is a case of dowry death. As per prosecution case, informant alleged that marriage of his daughter was solemnized with co-accused Vikash Kumar about 25 years ago as per Hindu rites and rituals and thereafter, all the F.I.R. named accused persons, including these petitioners, committed torture and harassment with the victim due to non-fulfillment of additional demand of dowry and subsequently, all the accused persons committed murder of the victim.

7. It is submitted by learned counsel appearing on behalf of the petitioners that petitioners are quite innocent and have committed no offence. Petitioners have falsely been implicated in this case merely because Petitioner Nos. 1 and 2 happen to be sisters-in-law and Petitioner No. 4 happens to be brother-in-law of the deceased. Petitioners are separate in mess and property and have got no concern with the affairs of the deceased and her husband. Informant is not an eye witness of the alleged occurrence. Allegation of demand of dowry is general and omnibus and no specific accusation of overt act has been alleged against these petitioners. As a matter of fact, the deceased committed suicide. Thrust of accusation is against husband of deceased who is already in custody. Petitioners claim clean antecedents.

8. Learned A.P.P. for the State has vehemently opposed the prayer for grant of anticipatory bail to the petitioners.

9. Considering the facts and circumstances of the case, general and omnibus nature of accusation and clean antecedents of the petitioners, the prayer for grant of anticipatory bail to Petitioner Nos. 1, 2 and 4 is allowed.

10. Accordingly, in the event of arrest/surrender within a period of eight weeks from today, let the above named Petitioner Nos. 1, 2 and 4 be enlarged on bail on furnishing bail- bond of Rs. 10,000/- (ten thousand) each with two sureties of the like amount each to the satisfaction of learned Chief Judicial Magistrate, Vaishali at Hajipur in connection with Ganga Bridge P.S. Case No. 113 of 2025, subject to condition as laid down under Section 482(2) of the B.N.S. S..

11. With the aforesaid directions, this application stands disposed of.

(Prabhat Kumar Singh, J)

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