Patna High Court
Kajal Devi @ Diyadni Kajal DeviversusThe State of Bihar
- Decided
- Disposal
- ALLOWED
- Bench
- SUNIL DUTTA MISHRA
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
- Bharatiya Nyaya Sanhita — s. 3(5), 80
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
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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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