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Patna High Court

KUMKUM DEVIversusThe State of Bihar

Decided
Disposal
ALLOWED

Holding

The petitioner is entitled to regular bail.

Summary

Kumkum Devi, mother‑in‑law of the deceased Aanchal Kumari, was arrested in connection with a dowry‑death case filed under sections 80 and 3(5) of the BNS. The prosecution alleged that Aanchal was subjected to cruelty for non‑payment of dowry and was subsequently killed by her in‑laws. Kumkum Devi pleaded innocence, asserting she has no criminal antecedent and that the allegations against her are vague and omnibus. She had been in judicial custody since 12 July 2025 and sought regular bail. The State opposed the bail application, but the court, after hearing both sides, found the accusations against her insufficiently specific. Considering her lack of prior record and the nature of the charge, the court ordered her release on bail. She was directed to furnish a bail bond of Rs 10,000 with two sureties.

Issues considered

  • Whether Kumkum Devi is entitled to regular bail in a dowry‑death case under sections 80 and 3(5) of the BNS.

Legislation cited

  • BNS — s. 3(5), 80

Subjects

  • regular bail
  • dowry death
  • cruelty
  • sections 80
  • section 3(5)
  • BNS
  • mother‑in‑law
  • judicial custody

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.13677 of 2026
                      Arising Out of PS. Case No.-25 Year-2025 Thana- HARINMAR District- Munger
                 ======================================================
                 KUMKUM DEVI Wife of Late Jayshankar Patel Resident of village - Hanshu
                 Singh Tola, P.S.- Harinmar, District - Munger.

                                                                                 ... ... Petitioner/s
                                                      Versus
                 The State of Bihar

                                                        ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :      Mr. Ramakant Singh, Advocate
                 For the Opposite Party/s :      Mr. Zainul Abedin, APP
                 For the Informant        :      Mr. Manoj Kumar Singh, Advocate
                                                 Ms. Sweta Suman, Advocate
                                                 Mr. Prabhat Kumar, Advocate
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE ASHOK KUMAR PANDEY
                                       ORAL ORDER

2   12-03-2026                    Heard learned counsel for the petitioner, learned APP

                   for the State and learned counsel for the informant.

                                2. The petitioner has prayed for regular bail in a case

                   registered for the offence punishable under sections 80 and 3(5)

                   of BNS.

                                3. The case of the prosecution is that one Aanchal

                   KUmari (deceased) was married to one Rajesh Kumar on

                   04.03.2024 and at the time of marriage, sufficient gifts were

                   given to her. It is alleged that she was subjected to cruelty on

                   account of non-fulfillment of dowry demand of Rs. 4 lacs and a

                   bullet bike by her in-laws. It is further alleged that she was killed

                   by all the in-laws by hanging.

                                4. Learned counsel for the petitioner submits that the
            Patna High Court CR. MISC. No.13677 of 2026(2) dt.12-03-2026
                                                        2/2




                      petitioner is innocent and has committed no offence. Learned

                      counsel for the petitioner has submitted that the petitioner is the

                      mother-in-law of the deceased. The main thrust of allegation is

                      against the husband of the deceased and the nature of allegation

                      against this petitioner is general and omnibus. A statement has

                      been made in para-3 of this petition that the petitioner has got no

                      criminal antecedent. Moreover, she is languishing in judicial

                      custody since 12.07.2025.

                                   5. Learned APP appearing for the State and learned

                      counsel for the informant have vehemently opposed the prayer of

                      regular bail.

                                   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 released on bail in connection with

                      Harinmar P.S. Case No. 25 of 2025 on furnishing bail bond of

                      Rs.10,000/- (ten thousand) with two sureties of the like amount

                      each to the satisfaction of learned Additional Sessions Judge-IV,

                      Munger.



                                            (Ashok Kumar Pandey, J)
shubham/-
U      T


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