Patna High Court
Dhanti Devi @ DhantiversusThe State of Bihar
- Decided
- Disposal
- DISMISSED
- Bench
- SANDEEP KUMAR
Holding
The Court held that bail should not be granted in the present case.
Summary
Dhanti Devi, the mother‑in‑law of the deceased, applied for bail in a case registered as Ekangarsarai P.S. Case No. 230 of 2025 under Sections 80(2) and 3(5) of the Bharatiya Nyaya Sanhita. The prosecution alleges that she, along with other family members, killed the deceased by strangulation. The petitioner has been in custody since 14 February 2026 and the post‑mortem report confirms death by strangulation. The Court examined the seriousness of the offence and the evidentiary material, particularly the post‑mortem findings. Finding the circumstances grave, the Court was not inclined to grant bail. Consequently, the bail application was dismissed, with the Court noting that its observations are limited to this bail application and do not prejudice the merits of the trial.
Issues considered
- What is the appropriate discretion of the Court in granting bail under Sections 80(2) and 3(5) of the Bharatiya Nyaya Sanhita in a homicide case involving strangulation?
Legislation cited
- Bharatiya Nyaya Sanhita — s. 3(5), 80(2)
Subjects
- bail
- homicide
- strangulation
- criminal procedure
- Bharatiya Nyaya Sanhita
- high court
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.21598 of 2026
Arising Out of PS. Case No.-230 Year-2025 Thana- EKANGARSARAI District- Nalanda
======================================================
Dhanti Devi @ Dhanti Wife of Ramdayal Bind @ Ramsakal Bind R/o Vill. -
Banke Bigha, P.S. - Ekangarsarai, Dist. - Nalanda.
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr.Birendra Kumar, Advocate
For the State : Mr.Syed Mojibur Rahman, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE SANDEEP KUMAR
ORAL ORDER
2 06-04-2026 Heard learned counsel for the petitioner and learned
APP for the State.
2. The petitioner seeks bail in connection with
Ekangarsarai P.S. Case No. 230 of 2025 registered for the
offence punishable under Sections 80(2) and 3(5) of the
Bharatiya Nyaya Sanhita.
3. As per the prosecution case, the petitioner is
accused of killing the deceased with other family members. The
petitioner is the mother-in-law of the deceased.
4. The petitioner is in custody since 14.02.2026.
5. The postmortem report shows that the deceased
died due to strangulation.
6. Considering the postmortem report which indicate
that the cause of death is due to strangulation, I am not inclined
Patna High Court CR. MISC. No.21598 of 2026(2) dt.06-04-2026
2/2
to grant bail to the petitioner.
7. Accordingly, the application stands dismissed.
8. It is, however, clarified that the observations made
herein are limited to the adjudication of the present bail
application and shall not prejudice the case of the petitioner at
any subsequent stage of the trial and this Court has not express
any opinion on the merits of the case.
(Sandeep Kumar, J)
P. Kumar
U T
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