Patna High Court
Chinta DeviversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- SANDEEP KUMAR
Holding
The Court allowed the regular bail application, granting bail on a bond of Rs. 10,000 with two sureties.
Summary
Chinta Devi, the wife of Sanjay Chaudhary, was arrested in connection with a dowry‑death case (P.S. Case No. 236 of 2024) under Sections 80(2) and 238/3(5) of the Bharatiya Nyaya Sanhita, 2023. She contended that she is innocent, has a clean antecedent and that the prosecution’s allegations are vague and omnibus, with no specific overt act attributed to her. The State opposed her regular bail application. Considering the general nature of the allegations, the length of her custody since 3‑December‑2025, and her clean record, the Court allowed the bail application. She was released on a bail bond of Rs. 10,000 with two sureties of the same amount. The Court clarified that its observations are prima facie and do not prejudice the trial.
Issues considered
- Whether regular bail should be granted to the accused in a dowry‑death case under Sections 80(2) and 238/3(5) of the Bharatiya Nyaya Sanhita, 2023, given the general and omnibus nature of the allegations.
- Whether the period of custody and the petitioner’s clean antecedent justify the grant of bail.
Legislation cited
- Bharatiya Nyaya Sanhita, 2023 — s. 238/3(5), 80(2)
Subjects
- regular bail
- dowry death
- Bharatiya Nyaya Sanhita
- criminal procedure
- general allegations
- clean antecedent
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.19579 of 2026
Arising Out of PS. Case No.-236 Year-2024 Thana- KHIRI MORE District- Patna
======================================================
Chinta Devi Wife of Sanjay Chaudhary Resident of Village- Jinpura, P.S.-
Piyarpura, Dist.- Patna
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Nityanand Neeraj
For the Opposite Party/s : Mr. Zainul Abedin
======================================================
CORAM: HONOURABLE MR. JUSTICE SANDEEP KUMAR
ORAL ORDER
2 31-03-2026 Heard the learned counsel for the petitioner and
learned APP for the State.
2. The petitioner seeks regular bail in connection with
Khirimore P.S. Case No. 236 of 2024 registered for the offence
under Section(s) 80(2), 238/3(5) of the Bharatiya Nyaya
Sanhita, 2023.
3. As per the prosecution case, the petitioner is
accused of killing the deceased for demand of dowry.
4. Learned counsel for the petitioner submits that the
petitioner is innocent and has not committed any offence.
Petitioner is in custody since 03.12.2025 and claims clean
antecedent. It is further submitted that the allegations are
general and omnibus in nature and no specific overt act has been
attributed to the petitioner.
Patna High Court CR. MISC. No.19579 of 2026(2) dt.31-03-2026
2/2
5. Learned A.P.P. for the State has vehemently
opposed the prayer for bail.
6. Considering the aforesaid facts and circumstances
and the nature of allegation being general and omnibus and the
period of custody of the petitioner, this application for regular
bail is allowed.
7. Accordingly, let the petitioner, above named, be
released on bail on furnishing bail bonds of Rs. 10,000/- (Ten
Thousand) with two sureties of the like amount each to the
satisfaction of the learned Court below where the case is
pending/successor Court in connection with Khiri More P.S.
Case No. 236 of 2024.
8. It is made clear that any observation made herein is
prima facie in nature and limited solely for the purpose of
adjudication of the present bail application. Such observations
shall not be construed as an expression on the merits of the case
and shall not influence the trial or any other proceedings in any
manner.
(Sandeep Kumar, J)
Shishir/-
U T
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