Patna High Court
Vibha DeviversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- RAJESH KUMAR VERMA
Holding
The court granted bail to the petitioners with specified conditions.
Summary
The petitioners, Vibha Devi and Gayatri Devi, were arrested on 21‑12‑2025 in connection with a dowry‑death case (Paroo PS Case No. 657/2025) under Sections 80 and 3(5) of the B.N.S., 2023. They sought bail, claiming clean antecedents and that the FIR contains only a generic allegation against all accused, with no specific charge of assault or dowry demand against them. The State opposed the bail, but the court noted the lack of specific allegations, the petitioners' familial relationship to the deceased, and their clean record. Consequently, the court granted bail on a bond of Rs. 10,000 each with two sureties, subject to conditions of cooperation, presence in court, non‑tampering with evidence, and verification of criminal antecedents. The bail order was issued without delay for verification.
Issues considered
- Whether bail should be granted to the accused under Sections 80 and 3(5) of the B.N.S., 2023 in a dowry‑death case.
- Whether the FIR contains specific allegations against the petitioners sufficient to deny bail.
- Whether the petitioners' clean antecedent and familial ties justify the grant of bail.
Legislation cited
- B.N.S., 2023 — s. 3(5), 80
Subjects
- bail
- dowry death
- clean antecedent
- FIR
- Section 80 B.N.S. 2023
- Section 3(5) B.N.S. 2023
- criminal procedure
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.16580 of 2026
Arising Out of PS. Case No.-657 Year-2025 Thana- PAROO District- Muzaffarpur
======================================================
1. Vibha Devi W/O Mithilesh Ram R/O Vill.- Chochahi Chappra, P.s- Paroo,
District- Muzaffarpur
2. Gayatri Devi W/O Panjabi Ram R/O Vill.- Chochahi Chappra, P.s- Paroo,
District- Muzaffarpur
... ... Petitioner/s
Versus
The State of Bihar Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Prasoon Kumar, Advocate
For the State : Mr. Akbar Ali, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE RAJESH KUMAR VERMA
ORAL ORDER
2 16-03-2026 Heard Mr. Prasoon Kumar, learned counsel for the
petitioners and Mr. Akbar Al, learned APP for the State.
2. Petitioners seek bail, who are in custody since
21.12.2025, in connection with Paroo P.S. Case No. 657 of
2025, F.I.R. dated 20.12.2025 registered for the offences
punishable under Sections 80 and 3(5) of the B.N.S., 2023.
3. Allegation against the petitioners is of committing
torture and cause death due to non-fulfillment of demand of
dowry.
4. Learned counsel for the petitioners submits that the
petitioners have clean antecedents and they have been falsely
implicated in the present case. He further submits that the
Patna High Court CR. MISC. No.16580 of 2026(2) dt.16-03-2026
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allegation as alleged in the F.I.R. is false and fabricated and the
petitioners have not committed any offence as alleged in the
F.I.R. Although the petitioners are named in the F.I.R. but from
perusal of the F.I.R. it appears that there is no specific allegation
of any assault or overt act or demand of dowry attributed against
them rather there is general and omnibus allegation against all
the accused persons including the petitioners. The informant is
not the eye witness of the alleged occurrence and petitioner no.
1 is sister-in-law and petitioner is mother-in-law of the deceased
and husband of the deceased is in judicial custody since
21.12.2025.
5. The learned Additional Public Prosecutor for the
State has vehemently opposed the prayer for bail of the
petitioners.
6. Considering the facts and circumstances of the case
and the fact that the petitioners having clean antecedent and
there is no specific allegation against them in the F.I.R. and they
are in-laws of the deceased, let the petitioners, above named, be
released on bail on furnishing bail bond of Rs. 10,000/- (Rupees
Ten Thousand) each with two sureties of the like amount each to
the satisfaction of learned Judicial Magistrate 1st Class,
Muzaffarpur (West) in connection with Paroo P.S. Case No. 657
Patna High Court CR. MISC. No.16580 of 2026(2) dt.16-03-2026
3/3
of 2025, subject to the following conditions :-
(1) Petitioners shall co-operate in the trial and shall
be properly represented on each and every date fixed by the
Court and shall remain physically present as directed by the
Court and on their absence on two consecutive dates without
sufficient reason, their bail bonds shall be cancelled by the
Court below.
(2) If the petitioners tamper with the evidence or the
witness, in that case, the prosecution will be at liberty to move
for cancellation of bail.
(3) And, further condition that the court below shall
verify the criminal antecedent of the petitioners and in case at
any stage, it is found that the petitioners have concealed their
criminal antecedents, the court below shall take step for
cancellation of bail bond of the petitioners. However, the
acceptance of bail bonds in terms of the above-mentioned order
shall not be delayed for purpose of or in the name of
verification.
(Rajesh Kumar Verma, J)
Ibrar//-
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