Gudiya Kumari @ Gudiya Devi v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.82962 of 2025 Arising Out of PS. Case No.-285 Year-2022 Thana- MUZAFFARPUR RAIL P.S. DistrictSaran ====================================================== 1.
Gudiya Kumari @ Gudiya Devi W/O Mohan Kumar @ Mohan Kumar Mahto Resident of Village- Tepri @ Hansanagar, P.S.- Piar, DistrictMuzaffarpur. 2.
Mohan Kumar @ Mohan Kumar Mahto S/O Bhonulal Mahto Resident of Village- Tepri @ Hansanagar, P.S.- Piar, District- Muzaffarpur. 3.
Sunil Kumar @ Sunil Singh S/O Raj Kumar Singh Resident of VillageSarmastpur, P.S.- Sakara, District- Muzaffarpur. 4.
Indrashan Devi W/O Sunil Kumar @ Sunil Singh Resident of VillageSarmastpur, P.S.- Sakara, District- Muzaffarpur. ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioners :
Mr. Pranav Kumar, Advocate Mr. Rajeev Ranjan No. II, Advocate Ms. Kumari Seema Singh, Advocate For the State :
Mr. Sanjay Kumar Singh, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH ORAL ORDER 09-02-2026 Heard learned counsel appearing on behalf of the petitioners and learned APP appearing on behalf of the State.
2. The petitioners apprehend their arrest in a case registered for the offence punishable under Sections 304B, 201 and 34 of the Indian Penal Code.
3. It is a case of dowry death. As per prosecution case, informant alleged that marriage of her daughter was solemnized with co-accused Arun Singh in the year 2021 as per Hindu rites and rituals and thereafter, all the F.I.R. named accused persons,
Patna High Court CR. MISC. No.82962 of 2025(3) dt.09-02-2026 2/3 including these petitioners, committed torture and harassment with the victim due to non-fulfillment of demand of dowry and subsequently, all the accused persons committed murder of the victim.
4. It is submitted by learned counsel appearing on behalf of the petitioners that petitioners are quite innocent and have committed no offence. Informant is not an eye witness to the occurrence. Petitioners have falsely been implicated in this case merely because Petitioner No. 1 happens to be married sister-in-law Petitioner No. 2 happens to be brother-in-law, Petitioner Nos. 3 and 4 happen to be Bhaisur and Gotani of the deceased. Petitioners are separate in mess and property and have got no concern with the affairs of the deceased and her husband. Allegation of demand of dowry is general and omnibus and no specific accusation of overt act has been alleged against these petitioners. Thrust of accusation is against husband of deceased who is already in custody since 08.01.2026. Petitioners claim clean antecedents.
5. Learned A.P.P. for the State has vehemently opposed the prayer for grant of anticipatory bail to the petitioners.
6. Considering the facts and circumstances of the
Patna High Court CR. MISC. No.82962 of 2025(3) dt.09-02-2026 3/3 case, general and omnibus nature of accusation and clean antecedents of the petitioners, the prayer for grant of anticipatory bail to the petitioners is allowed.
7. Accordingly, in the event of arrest/surrender within a period of eight weeks from today, let the above named petitioners 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 R.J.M., Sonepur, District- Saran in connection with Muzaffarpur Rail P.S. Case No. 285 of 2022, subject to condition as laid down under Section 482(2) of the B.N.S.S..
(Prabhat Kumar Singh, J) shashank/- U T