Patna High Court

Sharda DeviversusThe State of Bihar

Decided: 18 February 2026
Disposal: BAIL GRANTED
Bench: SONI SHRIVASTAVA

Holding

The court granted bail to the petitioner, subject to conditions, under Section 482(2) of the BNSS.

Summary

Sharda Devi, the mother‑in‑law of a deceased woman, was implicated in a murder case alleged to involve a dowry demand under Sections 80(2) and 3(5) of the Bharatiya Nagarik Suraksha Sanhita (BNSS). She contended that the FIR was vague, the marriage was over nine years old, and there was no dowry demand or presumption of dowry death. The prosecution opposed her bail, but the court noted her age, health, and that other co‑accused had already been released on bail. Considering these circumstances, the court ordered that she be released on bail if arrested or surrendered within four weeks, upon furnishing a bail bond of Rs. 10,000 with two sureties, subject to Section 482(2) of the BNSS. The order effectively granted bail pending further trial.

Issues considered

Whether the petitioner is entitled to bail under Section 482(2) of the BNSS in a case of alleged dowry‑related murder.
Whether the FIR and the facts establish a presumption of dowry death under Section 80 of the BNSS.

Legislation cited

Bharatiya Nagarik Suraksha Sanhita — s. 3(5), 482(2), 80(2)

Subjects

dowry death
bail
murder
criminal miscellaneous
BNSS
Section 80
Section 482
dowry demand
mother-in-law

Judgment

                        IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.11101 of 2026
                   Arising Out of PS. Case No.-6 Year-2025 Thana- CHAPRA MUFFASIL District- Saran
                 ======================================================
                 Sharda Devi Wife of Vijay Singh Resident of Village - Fakuli, P.S.- Chapra
                 Mufassil, District – Saran.                               ... ... Petitioner/s
                                                 Versus
                 The State of Bihar.                                ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :      Mr. Sanjeet Kumar Singh, Advocate
                 For the Opposite Party/s :      Mr. Sanjay Kumar Tiwary, APP
                 ======================================================
                 CORAM: HONOURABLE JUSTICE SMT. SONI SHRIVASTAVA
                                       ORAL ORDER

2   18-02-2026             Heard learned counsel for the petitioner and learned A.P.P.

                   for the State.

                   2.     The petitioner apprehends her arrest in a case registered for

                   the offences punishable under Section 80(2)/3(5) of the B.N.S.

                   3.      Petitioner in association of other co-accused is said to have

                   committed the murder of the daughter of the informant on non-

                   fulfillment of demand of dowry.

                   4.         It is submitted by learned counsel for the petitioner that

                   the petitioner happens to be the mother-in-law of the deceased

                   and the allegations made in the F.I.R. against the petitioner is

                   general and omnibus in nature. It further appears that the

                   marriage dates back to the year 2016 and there is no question of

                   demand of dowry and consequent torture after lapse of so many

                   years. In any view of the matter, there is no presumption of dowry

                   death, as according to the prosecution case itself, the marriage is

                   of more than nine years old. It is further submitted
            Patna High Court CR. MISC. No.11101 of 2026(2) dt.18-02-2026
                                                        2/2




                      that the postmortem report also does not indicate that there could

                      have been any intention to kill the deceased. Further, the other co-

                      accused persons including the father-in-law, brother-in-law and

                      even the husband of the petitioner have been granted bail vide

                      order dated 26.05.2025 and 15.09.2025 passed in Cr. Misc.

                      No.33013 of 2025 and Cr. Misc. No.42940 of 2025 respectively.

                      5.        Learned APP for the State opposed the prayer for bail.

                      6.         Taking into consideration the facts and circumstances of

                      the case and also considering the fact that the petitioner is an old

                      ailing mother-in-law of the deceased coupled with the fact that the

                      other co-accused have already been granted bail by coordinate

                      Benches of this Court, let the above named petitioner, be released

                      on bail, in the event of her arrest or surrender before the learned

                      Court below within a period of four weeks from today, on

                      furnishing bail bond of Rs. 10,000/- (Rupees Ten Thousand) with

                      two sureties of the like amount each to the satisfaction of the

                      learned Court below where the case is pending/successor Court in

                      connection with Chapra Muffasil P.S. Case No. 06 of 2025, subject

                      to the condition as laid down under Section 482 (2) of the

                      Bharatiya Nagarik Suraksha Sanhita (BNSS), 2023.


                                                (Soni Shrivastava, J)

Trivedi/-
U       T

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