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Patna High Court

Saroj DeviversusThe State of Bihar

Decided
Disposal
BAIL GRANTED

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

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


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