Patna High Court
Barfi DeviversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- R P MISHRA
Holding
The court held that bail should be granted to the petitioner.
Summary
Barfi Devi, the mother‑in‑law of a deceased woman, was arrested in connection with a dowry‑death case under Sections 80(2) and 3(5) of the Bharatiya Nyaya Sanhita, 2023. She has been in custody since 25 July 2025 and claims she has no criminal antecedents and has been falsely implicated, with no specific allegation against her. The prosecution alleges that the deceased was killed by her in‑laws for non‑payment of dowry, while the petitioner argues that the charge is omnibus and she is separate in property from the husband. The State opposed bail, but the court noted the filing of the charge‑sheet, the petitioner’s clean record, and the lack of a specific charge. Consequently, the court granted bail on a bond of Rs. 15,000 with two sureties.
Issues considered
- Whether bail should be granted to the petitioner in a dowry‑death case under Sections 80(2) and 3(5) of the Bharatiya Nyaya Sanhita, 2023.
- Whether the absence of a specific allegation and the petitioner’s clean record justify bail despite the seriousness of the offence.
Legislation cited
- Bharatiya Nyaya Sanhita, 2023 — s. 3(5), 80(2)
Subjects
- bail
- dowry death
- Bharatiya Nyaya Sanhita
- Section 80(2)
- Section 3(5)
- false implication
- charge sheet
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.11111 of 2026
Arising Out of PS. Case No.-432 Year-2025 Thana- HISUWA District- Nawada
======================================================
Barfi Devi W/o Suman Thakur R/o Village- Dhanwa, PS- Hisua, Distt-
Nawada
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Vibhuti Ranjan Sonvadra, Advocate
For the Opposite Party/s : Mr. Mohammad Sufyan, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE RUDRA PRAKASH
MISHRA
ORAL ORDER
2 23-02-2026 Heard learned counsel for the petitioner and learned APP
for the State.
2. The petitioner seeks bail in connection with S. Tr.
No. 646 of 2025, arising out of Hisua P.S. Case No. 432 of 2025
instituted for the offence under Sections 80(2) & 3(5) of the
Bharatiya Nyaya Sanhita, 2023.
3. Prosecution case in short is that daughter of the
informant has been done to death at her matrimonial house by
her in-laws due to non-fulfillment of the demand of dowry.
4. It has been submitted on behalf of the petitioner
that the petitioner is in custody since 25.07.2025. Petitioner
bears no criminal antecedent, as per disclosure made in
paragraph No. 3 of the bail application.
Patna High Court CR. MISC. No.11111 of 2026(2) dt.23-02-2026
2/2
5. It has been further submitted by the petitioner’s
counsel that petitioner has been falsely implicated in the present
case. Petitioner is the mother-in-law of the deceased. Husband
of the deceased is already in custody. There is no specific
allegation attributed to the petitioner, rather allegation is general
and omnibus in nature. Petitioner is even separate in mess and
property from the husband of the deceased. Charge sheet has
already been submitted in this case.
6. Learned A.P.P. for the State has vehemently
opposed the prayer for grant of bail to the petitioner.
7. Considering the aforesaid facts and circumstances
of the case, period of custody of the petitioner and charge sheet
being submitted, this Court is inclined to grant bail to the
petitioner.
8. Let the petitioner be released on bail on furnishing
bail bonds of Rs. 15,000/- (Fifteen Thousand) with two sureties
of the like amount each to the satisfaction of Court
below/concerned Court in connection with S. Tr. No. 646 of
2025, arising out of Hisua P.S. Case No. 432 of 2025.
(Rudra Prakash Mishra, J)
Raj Kishore/-
U T
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