Patna High Court
Kaushalya DeviversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- PRABHAT KUMAR SINGH
Holding
The petitioner is entitled to bail.
Summary
The petitioner, Kaushalya Devi, mother‑in‑law of a deceased woman, was arrested in a dowry‑death case under Sections 80, 123 and 3(5) of the B.N.S., 2023. She alleged that the primary accusation of dowry demand and torture was directed at the deceased’s husband, who is already in custody, and that she had no involvement in family affairs. The petitioner had been in custody since 8 September 2025 and sought bail. The State opposed the bail application. The Court, noting that the petitioner is a woman, has been detained for an extended period, and appears to have a separate property and no direct connection to the alleged crime, ordered her release on bail upon furnishing a bond of Rs.10,000 with two sureties of the same amount.
Issues considered
- Whether the petitioner is entitled to bail in the dowry‑death case despite the serious nature of the charges
- Whether the petitioner’s alleged lack of involvement and her status as a woman justify granting bail
Legislation cited
- B.N.S., 2023 — s. 123, 3(5), 80
Subjects
- bail
- dowry death
- criminal procedure
- women
- custody
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.1125 of 2026
Arising Out of PS. Case No.-59 Year-2024 Thana- Sonki District- Darbhanga
======================================================
Kaushalya Devi W/o Late Bilayati Paswan R/o Village and P.O. - Sajhaur,
P.S. - Bahera, Dist. - Darbhanga.
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Siddharth Prasad & Mr. Om Prakash Kumar
For the Opposite Party/s : Mr.Ram Naresh Ray
======================================================
CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH
ORAL ORDER
2 13-02-2026 Heard learned counsel for the petitioner and learned
A.P.P. for the State.
2. The petitioner seeks bail in a case registered for the
offence under Sections 80, 123 and 3(5) of the B.N.S., 2023.
3. It is a case of ‘Dowry Death’.
4. Petitioner is mother-in-law of the deceased. There
is general and omnibus allegation of demand of dowry and
committing torture against this petitioner. Thrust of the
accusation is against husband of the deceased, who is already in
custody. Petitioner is separate in mess and property and has got
no concern with the family affairs of deceased and her husband.
Petitioner is in custody since 08.09.2025.
5. Learned A.P.P. for the State vehemently opposes the
prayer for bail of petitioner.
Patna High Court CR. MISC. No.1125 of 2026(2) dt.13-02-2026
2/2
6. However, considering the fact that petitioner is lady
and is in custody since 08.09.2025, let the above named
petitioner be released on bail on furnishing bail-bond of Rs.
10,000/- (ten thousand) with two sureties of the like amount
each to the satisfaction of learned A.C.J.M. - I, Darbhanga in
connection with Sonki P.S. Case No. 59 of 2024.
(Prabhat Kumar Singh, J)
anay
U T
Checking your session…