Patna High Court
Shilpa Devi @ Shila DeviversusThe State of Bihar
- Decided
- Disposal
- ALLOWED
- Bench
- ASHOK KUMAR PANDEY
Holding
The petitioner is entitled to bail in the present case.
Summary
Shilpa Devi, a resident of Diwan Tok, was arrested in connection with a dowry‑death case (Gangabridge P.S. Case No. 149 of 2025) under Sections 80, 238 and 3(5) of the B.N.S., 2023, which correspond to IPC Sections 304B, 201 and 34. The prosecution alleges that the deceased, Nishu Kumari, was killed by her in‑laws after a dowry demand of Rs. four lakhs and a four‑wheeler was not met. The petitioner contended that she is innocent, has no criminal antecedent, and has been falsely implicated, claiming she is the mother‑in‑law (and at one point the husband) of the deceased and has been in judicial custody since 28‑12‑2025. The State opposed the bail application, citing the seriousness of the offences. After hearing both sides, the Court found no sufficient ground to deny bail and ordered the petitioner to be released on a bail bond of Rs.10,000 with two sureties. The bail order was directed to be executed by the Judicial Magistrate, 1st Class, Vaishali at Hajipur.
Issues considered
- Whether bail can be granted to the petitioner in a case involving alleged dowry death, culpable homicide and common intention under the B.N.S., 2023 and IPC.
Legislation cited
- B.N.S., 2023 — s. 238, 3(5), 80
- Indian Penal Code — s. 201, 304B, 34
Subjects
- bail
- dowry death
- IPC 304B
- criminal procedure
- false implication
- surety
- judicial custody
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.12512 of 2026
Arising Out of PS. Case No.-149 Year-2025 Thana- GANGABRIDGE District- Vaishali
======================================================
Shilpa Devi @ Shila Devi W/o Naresh Rai Resident of Village - Diwan Tok,
P.S. - Gangabridge, Dist. - Vaishali.
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Shivjee Singh, Advocate
For the Opposite Party/s : Mr. Shantanu Kumar, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE ASHOK KUMAR PANDEY
ORAL ORDER
2 27-02-2026 Heard learned counsel for the petitioner and learned
APP for the State.
2. The petitioner has prayed for bail in connection
with Gangabridge P.S. Case No. 149 of 2025 registered for the
offence punishable under Sections 80, 238, 3(5) of the B.N.S.,
2023 corresponding to Sections 304B, 201, 34 of the Indian
Penal Code.
3. The case of the prosecution in short is that Nishu
Kumari (deceased) was married to one Kundan Rai. On
05.05.2023, it is alleged that she was subjected to cruelty on
account of non-fulfillment of dowry demand of Rupees Four
lakhs and a four wheeler by her in-laws. The deceased was
killed on 16.09.2025 by her in-laws.
4. Learned counsel appearing on behalf of the
Patna High Court CR. MISC. No.12512 of 2026(2) dt.27-02-2026
2/2
petitioner has submitted that petitioner is innocent and has
committed no offence. She has been falsely implicated in this
case. He also submits that the petitioner is mother-in-law of the
deceased. The nature of allegation is general and omnibus. He
further submits that the petitioner is the husband of the
deceased. Moreover, a statement has been made in para 3 of the
petition that petitioner has no criminal antecedent and she is
languishing in judicial custody since 28.12.2025.
5. The application for bail is opposed by learned APP
for the State.
6. Having heard learned counsel for the parties and
considering the facts and circumstances of the case, this Court is
inclined to enlarge the petitioner on bail. The above named
petitioner is directed to be enlarged on bail on furnishing bail
bond of Rs. 10,000/- (Rs. ten thousand only) with two sureties
of the like amount each to the satisfaction of the learned Judicial
Magistrate, 1st Class, Vaishali at Hajipur in connection with
Gangabridge P.S. Case No. 149 of 2025.
(Ashok Kumar Pandey, J)
Sudhanshu/-
U T
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