Patna High Court
KUMKUM DEVIversusThe State of Bihar
- Decided
- Disposal
- ALLOWED
- Bench
- ASHOK KUMAR PANDEY
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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