Patna High Court
Sita DeviversusThe State of Bihar
- Decided
- Disposal
- ALLOWED
- Bench
- ASHOK KUMAR PANDEY
Holding
The Court granted bail to the petitioner, directing her to furnish a bail bond of Rs. 10,000 with two sureties.
Summary
The petitioner, Sita Devi, mother‑in‑law of the deceased Ritu Kumari, applied for bail in a case registered under Sections 80, 61(2) and 3(5) of the B.N.S., 2023 relating to the alleged dowry‑related death of Ritu Kumari by burning. The prosecution alleged that the deceased was subjected to cruelty for non‑payment of dowry and that the petitioner was implicated in the offence. The petitioner contended that she was innocent, had no criminal antecedent, and that the main accusation was against the husband, who was already in custody. The State opposed the bail. After hearing both sides, the Court found the allegations against the petitioner to be general and not sufficient to deny bail and ordered that she be released on bail upon furnishing a bond of Rs. 10,000 with two sureties.
Issues considered
- Whether the petitioner is entitled to bail despite the allegations under Sections 80, 61(2) and 3(5) of the B.N.S., 2023
- Whether the nature of the allegations and the custody of the husband justify denial of bail
Legislation cited
- B.N.S., 2023 — s. 3(5), 61(2), 80
Subjects
- bail
- dowry death
- cruelty
- criminal procedure
- Section 80
- Section 61(2)
- Section 3(5)
- mother‑in‑law
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.17084 of 2026
Arising Out of PS. Case No.-416 Year-2025 Thana- BAKHARI District- Begusarai
======================================================
Sita Devi W/o Bhola Das R/o Village- Sonma, Ward No.- 10, P.S- Bakhri,
Dist- Begusarai.
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Shubhesh Pandey, Advocate
For the Opposite Party/s : Mr. Tarun Prasad Mandal, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE ASHOK KUMAR PANDEY
ORAL ORDER
2 17-03-2026 Heard learned counsel for the petitioner and learned
APP for the State.
2. The petitioner has prayed for bail in connection
with Bakhri P.S. Case No. 416 of 2025 registered for the offence
punishable under Sections 80, 61(2), 3(5) of the B.N.S., 2023.
3. The case of the prosecution, in short, is that the
marriage of Ritu Kumari (deceased) was solemnized with one
Jitendra Kumar three years ago. It is further alleged that she was
being subjected to cruelty on account of non-fulfillment of
dowry demand. It is further alleged that on 11.11.2025, when
the informant came for Vidai, they did not agree and on 08:00 o’
Clock, he came to know that the deceased died due to burning.
4. Learned counsel appearing on behalf of the
petitioner has submitted that petitioner is innocent and has
Patna High Court CR. MISC. No.17084 of 2026(2) dt.17-03-2026
2/2
committed no offence. She has been falsely implicated in this
case. He also submits that in this case, the petitioner is the
mother-in-law. The nature of allegation is general and omnibus.
He also submits that the main thrust of allegation is against
husband, who is already in custody. He further submits that a
statement has been made in para 3 of the petition that petitioner
has no criminal antecedent and she is languishing in judicial
custody since 21.01.2026.
5. The application for bail is opposed by learned APP
for the State.
6. Having heard learned counsel for the parties and
considering the facts and circumstances of the case, this Court is
inclined to enlarge the petitioner on bail. The above named
petitioner is directed to be enlarged on bail on furnishing bail
bond of Rs. 10,000/- (Rs. ten thousand only) with two sureties
of the like amount each to the satisfaction of the learned Chief
Judicial Magistrate, Begusarai in connection with Bakhri P.S.
Case No. 416 of 2025.
(Ashok Kumar Pandey, J)
Sudhanshu/-
U T
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