Patna High Court
Dharamsheela Devi @ Dharamshila DeviversusThe State of Bihar
- Decided
- Disposal
- ALLOWED
- Bench
- ASHOK KUMAR PANDEY
Holding
The court granted regular bail to the petitioners.
Summary
The petitioners, the mother‑in‑law and father‑in‑law of a deceased woman, were arrested in connection with her murder, alleged to be linked to a dowry dispute. The prosecution alleged that the informant’s daughter was killed after refusing a dowry demand of Rs. 2.5 lakh and a bullet bike, and that the husband of the deceased was already in custody. The petitioners claimed innocence, citing lack of criminal antecedent, the cause of death being asphyxia due to hanging, and that the primary accusation was against the husband. They sought regular bail under sections 80(2) and 3(5) of the BNS. After hearing both sides, the court found no sufficient ground to keep them detained and ordered their release on bail with a bond of Rs.10,000 each.
Issues considered
- Whether the petitioners are entitled to regular bail under sections 80(2) and 3(5) of the BNS.
- Whether there is sufficient prima facie evidence linking the petitioners to the murder.
- Whether the petitioners' lack of criminal antecedent warrants bail.
Legislation cited
- BNS — s. 3(5), 80(2)
Subjects
- regular bail
- murder
- dowry death
- sections 80(2) BNS
- section 3(5) BNS
- criminal antecedent
- bail bond
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.15406 of 2026
Arising Out of PS. Case No.-148 Year-2025 Thana- ARA MUFFSIL District- Bhojpur
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1. Dharamsheela Devi @ Dharamshila Devi W/o Sri Shyam Babu Mahto R/o
Village - Barauli Alipur, P.S.- Ara Muffassil, District - Bhojpur at Ara
2. Shyam Babu Mahto S/o Ram Sevak Mahto R/o Village - Barauli Alipur, P.S
- Ara Muffassil, District - Bhojpur at Ara
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Ashok Kumar Jha, Advocate
For the Opposite Party/s : Mr. Lalan Kumar, APP
For the Informant : Mr. Ashutosh Kumar, Advocate
======================================================
CORAM: HONOURABLE MR. JUSTICE ASHOK KUMAR PANDEY
ORAL ORDER
3 16-04-2026 Heard learned counsel for the petitioners, learned
APP for the State and learned counsel for the informant.
2. The petitioners have prayed for regular bail in a
case registered for the offence punishable under sections 80(2)
and 3(5) of BNS.
3. The case of the prosecution is that the daughter of
the informant was married to one Abhishek on 05.05.2025. On
04.06.2025 when the informant called on the mobile number of
the husband of his daughter, he outrightly rejected to let him call
to the daughter. All the family members have fled from the
house after committing murder of the informant’s daughter.
When the informant went there, he found the body of the
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deceased. It has further been alleged that she was subjected to
cruelty on account of non-fulfillment of dowry demand of Rs.
2.5 lacs and a bullet bike.
4. Learned counsel for the petitioners submits that the
petitioners are innocent and have committed no offence.
Learned counsel for the petitioners has submitted that
petitioners are mother-in-law and father-in-law of the deceased.
It has further been submitted that from perusal of the
postmortem report, it will transpire that the doctor conducting
autopsy of the deceased has found following antemortem injury
i.e., incomplete ligature mark present on neck oblique in shape
anterior lateral aspect. The cause of death which has been
opined to be asphyxia due to hanging. Learned counsel has
submitted that the nature of allegation against the petitioners is
general and omnibus and the main thrust of allegation is against
the husband of the deceased who is already in judicial custody.
A statement has been made in para-3 of this petition that the
petitioners have got no criminal antecedent. Moreover, they are
languishing in judicial custody since 30.12.2025 and 05.01.2026
respectively.
5. Learned APP appearing for the state and learned
counsel for the informant have opposed the prayer of regular
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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 petitioners on bail. The above named
petitioners are directed to be released on bail in connection with
Ara Muffasil P.S. Case No. 148 of 2025 on furnishing bail bond
of Rs.10,000/- (ten thousand) each with two sureties of the like
amount each to the satisfaction of learned A.C.J.M.-VI, Bhojpur
at Ara.
(Ashok Kumar Pandey, J)
shubham/-
U T
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