Patna High Court

Sarswati Devi @ Saraswati DeviversusThe State of Bihar

Decided: 5 May 2026
Disposal: BAIL GRANTED
Bench: SATYAVRAT VERMA

Holding

Bail was granted to the petitioner under the applicable provisions of the Bharatiya Nyaya Sanhita.

Summary

The petitioner, Sarswati Devi, was arrested in connection with a dowry‑related murder alleged to have occurred on 18‑06‑2025, where the deceased’s sister‑in‑law was allegedly strangulated. She contended that she has a clean antecedent, is a woman, and was falsely implicated by the informant, who is not an eyewitness and offered only vague allegations of dowry demand. The petition sought bail under Sections 80 and 3(5) of the Bharatiya Nyaya Sanhita, arguing that she would not abscond and would cooperate with the trial. The State opposed the bail, emphasizing the seriousness of the offence. The Court, after considering the petitioner's clean record and the lack of substantive evidence, ordered her release on bail upon furnishing a bond of Rs.10,000 with two sureties. The order disposes of the bail application in favour of the petitioner.

Issues considered

Whether bail should be granted to the accused under Sections 80 and 3(5) of the Bharatiya Nyaya Sanhita in a dowry‑related murder case.

Legislation cited

Bharatiya Nyaya Sanhita — s. 3(5), 80

Subjects

bail
dowry death
murder
Bharatiya Nyaya Sanhita
criminal procedure
false implication
women

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.14414 of 2026
                     Arising Out of PS. Case No.-249 Year-2025 Thana- JAMOBAZAR District- Siwan
                 ======================================================
                 Sarswati Devi @ Saraswati Devi Wife of Mohan Sharma (in FIR aged is
                 wrongly mentioned 35 years), Resident of Village- Basantpur, P.S.-
                 Basantpur, District- Siwan

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

                                                        ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :      Mr.Kundan Rathore Alias Kundan Kumar
                 For the Opposite Party/s :      Ms.Rina Sinha
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA
                                       ORAL ORDER

2   05-05-2026               1.    Heard learned counsel for the petitioner and

                   learned A.P.P. for the State.

                             2.    The petitioner seeks bail in a case registered for the

                   offences punishable under Sections 80 and 3(5) of the Bharatiya

                   Nyaya Sanhita.

                             3.    Learned counsel for the petitioner submits that the

                   petitioner is a person with clean antecedent and is a woman and

                   is in custody since 9-12-2025 and the informant alleges that four

                   years back, his sister was married to Dilip; and after marriage,

                   the victim was being tortured for non-fulfillment of the demand

                   of dowry of Rs.2 lakhs and a motorcycle. It is next alleged that

                   on 18.06.2025, in the night, the accused persons including the

                   petitioner strangulated his sister to death.
Patna High Court CR. MISC. No.14414 of 2026(2) dt.05-05-2026
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                   4.     Learned counsel for the petitioner submits that

          petitioner has been falsely implicated in the instant case by the

          informant being sister-in-law (Nanad) of the deceased. It is next

          submitted that informant is not an eyewitness to the occurrence

          and as far as allegation of demand of dowry and torture is

          alleged, the same is general and omnibus in nature. It is further

          submitted that the petitioner is married and she along with her

          husband resides separately from her parental home. It is also

          submitted that whenever any dispute arises in between the

          husband and the wife and the occurrence of the nature as alleged

          takes place, the entire family members are implicated in a

          mechanical manner with general and omnibus allegation. It is

          next submitted that if privilege of regular bail is granted to the

          petitioner, the petitioner will not abscond rather will co-operate

          in the trial to prove her innocence.

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

          the prayer for bail of the petitioner.

                   6.     Considering the submission made by learned

          counsel for the petitioner, let the petitioner above named be

          released on bail on furnishing bail bond of Rs. 10,000/- (Rupees

          Ten Thousand) with two sureties of the like amount each to the

          satisfaction of the learned trial court where the case is
              Patna High Court CR. MISC. No.14414 of 2026(2) dt.05-05-2026
                                                          3/3




                        pending/successor court in connection with Jamo Bazar P.S.

                        Case No. 249 of 2025.



                                                  (Satyavrat Verma, J)
Sumit/-

U         T

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