Supreme Court declines pre-arrest bail to main accused, the husband of the deceased, grants bail on parity to brother-in-law, sister-in-law because father-in-law, mother-in-law were granted relief

In Devlal Sahani & Ors. vs. The State of Bihar (2026), Supreme Court's Division Bench of Justices  Vikram Nath and Sandeep Mehta passed a 8-page long order dated October 1, 2026, wherein, it concluded:"....we are of the opinion that the case of Devlal Sahani (petitioner No.1–brother-in-law of the deceased) and Anandi Devi (petitioner No.3–sister-in-law of the deceased) is, in no manner, distinguishable from that of Jaga Sahani and Shri Devi (father-in-law and mother-in-law of the deceased), who have been extended the benefit of pre-arrest bail by this Court. Hence, Devlal Sahani and Anandi Devi (petitioner Nos.1 and 3) deserve the indulgence of pre-arrest bail on parity. However, Prince Sahani (petitioner No.2), being the husband of the deceased Rupkali Devi, was alleged to be the main offender in the FIR. Otherwise also, the responsibility of the husband to ensure the safety and security of his wife is more onerous. Hence, we are inclined to extend the indulgence of pre-arrest bail to Devlal Sahani and Anandi Devi (petitioner Nos.1 and 3), whereas the prayer for pre-arrest bail made by Prince Sahani (petitioner No.2) stands rejected. Prince Sahani (petitioner No.2) shall surrender before the trial Court within a period of two weeks from today. Before parting, we would like to observe that the investigation seems to have been misdirected in this case by the post-mortem findings referred to supra. Therefore, we hereby direct that the Superintendent of AIIMS, Patna, shall constitute a Medical Board which shall examine the post-mortem report and the antecedent circumstances and give its opinion regarding the cause of death of Rupkali Devi. The opinion of the Medical Board shall be forwarded to the trial Court, and a copy thereof shall also be forwarded to the High Court of Judicature at Patna for necessary follow up action. In case the Medical Board is of the opinion that the cause of death of Rupkali Devi was homicidal, necessary amendment in the charges would follow. We make it clear that the trial of the case shall not be prejudiced by the observations made hereinabove. The special leave petition is disposed of in these terms." 

The petitioners had approached the Supreme Court seeking anticipatory bail in connection with FIR No.343 of 2023 lodged at Chiraiya P.S., District East Champaran, Bihar, for the offences punishable under Section 304B read with Section 34 of the Indian Penal Code (IPC), 1860. The facts of the case is that the deceased Rupkali Devi was married to Lakshmi Sahani, s/o Jaga Sahani in the year 2018. From their wedlock, a son was born. In the year 2019, Lakshmi Sahani passed away because of illness. Following the death of Lakshmi Sahani, the families, after mutual discussion, agreed that Rupkali Devi should be married to Prince Sahani (petitioner No.2), the younger brother of Lakshmi Sahani. Accordingly, both were married in the year 2020 and a son named ‘Master V’ was born from their wedlock. It is alleged that Rupkali Devi was continuously harassed and humiliated on account of demand of dowry and, as a culmination to the said cruel conduct, she was done to death in the matrimonial home on 16th July, 2023. Shri Harendra Sahani, father of the deceased Rupkali Devi, lodged an FIR at P.S. Chiraiya, District East Champaran, on 16th July, 2023 itself, arraigning her father-in-law, mother-in-law, brother-in-law (petitioner No.1), brother-in-law’s wife (petitioner No.3) and the husband Prince Sahani (petitioner No.2) as accused in the case. The dead body of Rupkali Devi was subjected to post-mortem, and a pertinent finding was recorded by the Medical Jurist in the post-mortem report, which requires special emphasis and is noted hereinbelow:-
“On External Examination – Ligature mark found in the upper part of the neck which is wider in left side extending from left angle of mandible to right up to posterior part of the right pinna having size-7" × 1" which is prominent in left side progressively diffusing in right side. Abrasion on the both side of the shoulder of size-2" × 2". 
On Internal Examination –Head-Meninges and brain tissue congested and intact.
Neck – Subcutaneous Haemorrhage found underlying the ligature mark mentioned above. Trachea congested. Thyroid xxx(illegible) cricoid cartilage intact. …. In my opinion, the cause of death is Asphyxia due to hanging.
Caused by – Ligature material. Time elapsed since death within 18 hrs to 36 hrs from the time of P.M. Examination.”
Apparently, thus, the position of the muscles underneath the ligature mark was found with subcutaneous haemorrhage and the trachea was congested.
As per medical jurisprudence by Modi, in cases of death by asphyxia, where subcutaneous haemorrhage is found in the muscles underlying the ligature mark, the same would be suggestive of manual strangulation rather than hanging. In sheer ignorance of the symptoms underneath the ligature mark, the medical jurists expressed an opinion that the cause of death was asphyxia due to hanging.

During the course of investigation, the father-in-law of the deceased, Jaga Sahani, and the mother-in-law of the deceased, Shri Devi, were granted pre-arrest bail by the Supreme Court vide order dated October 14, 2024 passed in Special Leave Petition (Crl.) No.9716 of 2024. The police, after investigation, filed a partial chargesheet only against the father-in-law of the deceased, Jaga Sahani, and the mother-in-law of the deceased, Shri Devi, for the offences punishable under Sections 498A and 306 read with Section 34 IPC. The jurisdictional Magistrate, vide order dated November 18, 2025 proceeded to take cognizance and directed summoning of Devlal Sahani, Anandi Devi and Prince Sahani, i.e., the petitioners herein. The petitioners herein, approached Patna High Court apprehending their arrest in connection with the FIR. Such application preferred by the petitioners was rejected by Justice Prabhat Kumar Singh, the Single Judge vide order dated August 6, 2026 whereupon the petitioners approached the Supreme court by way of the special leave petition. 

Earlier, in Devlal Sahani & Ors. vs. The State of Bihar (2026), Justice Singh had passed a 2-page long order dated August 6, 2026, wherein, he concluded:" 4. Considering the nature of accusation, the prayer for anticipatory bail of petitioners is rejected." The petitioners had approached the High Court apprehend their arrest in Chiraiya P.S. Case No. 343/2023, registered for offence punishable under Sections 304-B, 34 of the Indian Penal Code. As per F.I.R., the daughter of informant was married with co-accused Laxmi Sahani in the year 2018 and from the wedlock, one male child was born and thereafter, due to illness, Laxmi Sahani died in the year 2019. It is alleged that after death of Laxmi Sahani, daughter of informant was married with younger brother of Laxmi Sahani namely Princi Sahani (petitioner no. 2) and from the wedlock, one male child was also born, but thereafter, due to some family feud, it is alleged that all the named accused persons including these petitioners committed torture & cruelty with daughter of informant and ultimately, committed her murder by pressing her neck. Petitioner no.1 is elder brother-in-law (tsB) and petitioner no. 3 is sister-in-law (tsBkuh), whereas petitioner no. 2 is husband of the deceased.