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Patna High Court

Rinta DeviversusThe State of Bihar

Decided
Disposal
BAIL GRANTED

Holding

The Court granted bail to the petitioner, directing release upon furnishing a bond and sureties.

Summary

Rinta Devi, the mother‑in‑law of a deceased woman, was arrested in connection with a case registered under Sections 80, 238 and 3(5) of the Bharatiya Nyaya Sanhita alleging that she and other family members killed the daughter‑in‑law and disposed of the body. She applied for bail, contending she has a clean record, was falsely implicated, and that the FIR contains no allegation of dowry demand, making the presumption of dowry death inapplicable. The State argued that the death occurred within seven years of marriage, invoking the statutory presumption against the husband and his relatives, and highlighted the disposal of the body as evidence of guilt. The petitioner also relied on a prior order granting regular bail to her father‑in‑law in a related matter, seeking parity. After hearing both sides, the Court, noting the petitioner’s gender and the earlier bail order, directed that she be released on bail upon furnishing a Rs.10,000 bond with two sureties of equal amount.

Issues considered

  • Whether the presumption under the dowry death provision applies to the petitioner despite lack of dowry demand allegation
  • Whether the disposal of the body justifies denial of bail
  • Whether parity with the earlier bail granted to the father‑in‑law warrants granting bail to the petitioner

Legislation cited

Subjects

  • bail
  • dowry death
  • presumption of guilt
  • Bharatiya Nyaya Sanhita
  • criminal procedure
  • false implication
  • parity in bail orders

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.17391 of 2026
                    Arising Out of PS. Case No.-306 Year-2024 Thana- BARBIGHA District- Sheikhpura
                 ======================================================
                 Rinta Devi W/o Aklu Manjhi R/o Village- Khoja Gachi, P.O. and P.S.-
                 Barbigha, District- Sheikhpura

                                                                                  ... ... Petitioner/s
                                                       Versus
                 The State of Bihar

                                                        ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :       Mr. Dr. Anjani Pd. Singh
                 For the Opposite Party/s :       Mr. Ram Priya Sharan Singh
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA
                                       ORAL ORDER

2   06-05-2026                  1. Heard learned counsel for the petitioner and learned

                   A.P.P. for the State.

                                2. The petitioner seeks bail in connection with

                   Barbigha PS Case No. 306 of 2024 registered for the offences

                   punishable under Sections 80, 238 and 3(5) of the Bharatiya

                   Nyaya Sanhita.

                                3. Learned counsel for the petitioner submits that

                   petitioner is a person with clean antecedent and is in custody

                   since 13.02.2026 and the informant alleges that her daughter

                   was married to Chandan in the year 2018 and out of wedlock,

                   two sons were born, on 18-11-2024, the informant received an

                   information that her daughter died, accordingly, she reached the

                   place of occurrence, but did not find anyone, as accused persons

                   had absconded, nor her daughter was present, thus alleges that
Patna High Court CR. MISC. No.17391 of 2026(2) dt.06-05-2026
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          accused persons including the petitioner killed her daughter and

          dispose of the dead body.

                       4. Learned counsel for the petitioner submits that

          petitioner has been falsely implicated in the instant case by the

          informant, being mother-in-law. It is next submitted that from

          perusal of the allegation as alleged in the FIR, it would manifest

          that no allegation of demand of dowry is alleged. It is further

          submitted that no doubt the victim died within 7 years of

          marriage but then all deaths are not dowry death. It is further

          submitted that informant is not an eyewitness to the occurrence

          and the entire allegation hinges around suspicion.

                       5. Learned A.P.P. for the State opposes the prayer for

          bail of the petitioner and submits that from perusal of the

          allegation as alleged in the FIR, it would manifest that the

          victim died within 7 years of marriage, as such, presumption in

          law is against the husband and his family members. It is also

          submitted that even body was disposed of as such postmortem

          of the dead body could not be carried out or else the cause of

          death could have been ascertained. It is further submitted that

          had the petitioner not been involved in the occurrence, in that

          event, efforts would have been made to ensure that the dead

          body is sent for postmortem for ascertaining the cause of death
             Patna High Court CR. MISC. No.17391 of 2026(2) dt.06-05-2026
                                                         3/3




                       but then the body was disposed of. It is further submitted that

                       husband single handedly could not have disposed of the dead

                       body.

                                    6. At this stage, learned counsel for the petitioner

                       submits that Aklu Manjhi had approached this Court seeking

                       regular bail by filing Cr. Misc. No.61683 of 2025 and the same

                       came to be allowed by an order dated 08.09.2025 passed by a

                       learned coordinate Bench, it is thus submitted that parity be

                       maintained.

                                    7. After hearing the learned counsel for the parties and

                       also taking into consideration the fact that petitioner is a woman

                       and father-in-law has been granted the privilege of regular bail,

                       the petitioner above-named, is directed to be released on bail on

                       furnishing bail bonds of Rs.10,000/- (Rupees Ten Thousand)

                       with two sureties of the like amount each to the satisfaction of

                       the learned trial court where the case is pending/successor court

                       in connection with Barbigha P.S. Case No.306 of 2024.



                                                           (Satyavrat Verma, J)
amit/-

U        T


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