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Patna High Court

Kajal Devi @ Diyadni Kajal DeviversusThe State of Bihar

Decided
Disposal
ALLOWED

Holding

The petitioner is entitled to regular bail and is released upon furnishing the prescribed bond and sureties.

Summary

The petitioner, Kajal Devi, applied for regular bail in a criminal case registered under Sections 80 and 3(5) of the Bharatiya Nyaya Sanhita for the alleged killing of an informant’s niece over a dowry dispute. She contended that she was falsely implicated, had no specific allegation against her, possessed a clean criminal record, and was not a flight risk. The State opposed the bail, arguing the seriousness of the offence. The court noted that the charge‑sheet had already been filed, the petitioner had been in custody since 27‑09‑2025, and there was no likelihood of tampering with evidence or absconding. Considering these factors, the court ordered her release on bail upon furnishing a bond of Rs. 10,000 with two sureties. The order was pronounced by Justice Sunil Dutta Mishra.

Issues considered

  • Whether the petitioner is entitled to regular bail under Sections 80 and 3(5) of the Bharatiya Nyaya Sanhita after the charge‑sheet has been filed.
  • Whether the petitioner poses a risk of tampering with evidence or absconding.

Legislation cited

Subjects

  • regular bail
  • dowry death
  • Bharatiya Nyaya Sanhita
  • Sections 80
  • Section 3(5)
  • criminal procedure
  • charge sheet
  • clean antecedent

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.12907 of 2026
                      Arising Out of PS. Case No.-107 Year-2025 Thana- DEODHA District- Madhubani
                 ======================================================
                 Kajal Devi @ Diyadni Kajal Devi W/o Raju Mahara R/o Village - Akaunha
                 Ward No. 14, P.S - Deodha (Dodha), District - Madhubani

                                                                                  ... ... Petitioner/s
                                                       Versus
                 The State of Bihar
                                                        ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :       Mr. Gagandeo Yadav, Advocate
                                                  Mr. Ravi Prakash, Advocate
                 For the Opposite Party/s :       Mr. Bharat Lal, APP
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE SUNIL DUTTA MISHRA
                                       ORAL ORDER

2   26-02-2026                      Heard learned counsel for the petitioner and learned

                   A.P.P. for the State.

                                 2. The petitioner seeks regular bail in a case registered

                   for the offence punishable under Sections 80 and 3(5) of

                   Bharatiya Nyaya Sanhita.

                                 3. It is alleged that all the F.I.R. named accused

                   persons including the petitioner killed the niece of the informant

                   due to non-fulfillment of dowry demand.

                                 4. Learned counsel for the petitioner submits that

                   petitioner is innocent and has falsely been implicated in the

                   present case. Further submission is that there is no specific

                   allegation against the petitioner. Petitioner is sister-in-law of the

                   deceased. She is separate in mess and property and has never

                   tortured the deceased nor demanded any dowry. The husband of
            Patna High Court CR. MISC. No.12907 of 2026(2) dt.26-02-2026
                                                        2/2




                      the deceased is already in custody since 27.09.2025. The charge-

                      sheet has already been submitted after completion of

                      investigation. Petitioner is in custody since 27.09.2025 having

                      no criminal antecedent and she undertakes to co-operate in the

                      trial. There is no chance of tampering with the evidence or

                      absconding of the petitioner.

                                   5. Learned A.P.P. for the State opposes the bail

                      application of the petitioner.

                                   6. Considering the aforesaid facts and circumstances

                      of the case as well as the fact that charge-sheet has been

                      submitted, clean antecedent of the petitioner and period of

                      custody undergone, 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 Chief Judicial Magistrate, Madhubani/concerned Court

                      in connection with Deodha P.S. Case No. 107 of 2025.



                                              (Sunil Dutta Mishra, J)
utkarsh/-

U       T


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