Patna High Court
Saroj DeviversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- PRAVEEN KUMAR
Holding
The petitioner is entitled to regular bail in the dowry‑death case.
Summary
Saroj Devi, the mother‑in‑law of a deceased woman, applied for regular bail in a dowry‑death case (PS Case No. 208 of 2025) where she was charged under Sections 103, 80(2), 238 and 3(5) of the B.N.S. and Sections 3 and 4 of the Dowry Prohibition Act. The prosecution alleged that the deceased’s sister was killed for non‑payment of dowry, implicating the petitioner among other accused. The petitioner contended that she lived separately from the deceased, had no involvement in daily affairs, possessed no criminal antecedent, and that the husband of the deceased was already in custody. The State opposed bail. Considering the nature of the allegations, the petitioner’s lack of prior record, and the period of custody, the Court ordered that she be released on bail upon furnishing a bond of Rs 10,000 with two sureties of equal amount, and allowed the application.
Issues considered
- Whether the petitioner, despite being charged under serious dowry‑death provisions, is entitled to regular bail.
- Whether the allegations against the petitioner constitute a ground to deny bail.
- Whether the period of custody and lack of antecedents justify granting bail.
Legislation cited
- B.N.S. — s. 103, 238, 3(5), 80(2)
- Dowry Prohibition Act — s. 3, 4
Subjects
- regular bail
- dowry death
- Dowry Prohibition Act
- criminal procedure
- bail bond
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.1647 of 2026
Arising Out of PS. Case No.-208 Year-2025 Thana- NIMCHAKBATHANI District- Gaya
======================================================
Saroj Devi Wife of Mithlesh Yadav Resident of Village- Dhakna, P.S.-
Nimchak Bathani, District- Gaya
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Sanjeev Kumar, Advocate
For the Opposite Party/s : Mr. Md. Fahimuddin, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE PRAVEEN KUMAR
ORAL ORDER
3 07-04-2026 Heard learned counsel for the petitioner and learned
APP for the State.
2. The petitioner has preferred this application for
grant of regular bail in connection with Nimchak Bathani P.S.
Case No. 208 of 2025 dated 15.10.2025 registered for the
offences punishable under Sections 103, 80(2), 238 and 3(5) of
B.N.S. and Section 3 & 4 of Dowry Prohibition Act.
3. As per the allegation, the sister of the informant
was done to death for non-fulfillment of dowry demand by
petitioner and other co-accused persons.
4. Learned counsel for the petitioner submits that
petitioner happens to be the mother-in-law of the deceased and
there is general and omnibus allegation against the petitioner. It
has further been submitted that petitioner used to reside in a
Patna High Court CR. MISC. No.1647 of 2026(3) dt.07-04-2026
2/2
separate accommodation apart from the deceased and her
husband and had got no concern with their day to day affairs.
Moreover, it has been submitted, at the bar, that the husband of
the deceased is in custody since 21.02.2026, this fact has not
been brought on record as he was taken into judicial custody
after the filing of this application. The petitioner is in custody
since 16.10.2025 having no criminal antecedent.
5. Learned A.P.P. for the State has vehemently
opposed the prayer for bail of the petitioner.
6. Considering the facts and circumstances of the case
as well as the period of custody, the petitioner above-named is
directed to be enlarged 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 learned Court concerned,
Gaya in connection with Nimchak Bathani P.S. Case No. 208 of
2025.
7. The application stands allowed.
(Praveen Kumar, J)
shivam/-
U T
Checking your session…
Lawyer court records for this case
Associated through the court’s case reference.