Patna High Court
Manju Devi @ Shanti DeviversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- RAJESH KUMAR VERMA
Holding
Bail was granted to the petitioner subject to specified conditions.
Summary
Manju Devi, also known as Shanti Devi, was arrested in connection with a dowry‑related homicide case (Hathauri P.S. Case No. 151 of 2021) and charged under Sections 304B and 34 of the Indian Penal Code. She sought bail, claiming a clean antecedent, no involvement in any assault or dowry demand, and that the FIR was fabricated; she is the step‑mother‑in‑law of the deceased and lives separately from the family. The prosecution opposed the bail application. The court noted the petitioner’s clean record, the absence of specific allegations against her, and the fact that a similarly situated co‑accused (her husband) had previously been granted bail. Accordingly, the court granted bail on a bond of Rs. 10,000 with two sureties, subject to conditions of cooperation, appearance, non‑tampering with evidence, and verification of criminal antecedent. The bail order was directed to be implemented by the Judicial Magistrate of Muzaffarpur.
Issues considered
- Whether bail should be granted to the accused under Sections 304B and 34 IPC in view of the facts and her antecedents
Legislation cited
- Indian Penal Code — s. 304B, 34
Subjects
- bail
- dowry death
- culpable homicide
- Indian Penal Code
- Section 304B
- Section 34
- criminal procedure
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.22338 of 2026
Arising Out of PS. Case No.-151 Year-2021 Thana- HATHAURI District- Muzaffarpur
======================================================
Manju Devi @ Shanti Devi W/O Lalbabu Sahni R/O Village - Dakrama, P. S -
Hathauri, District - Muzaffarpur
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Devendra Kumar, Advocate
For the Opposite Party/s : Mr. Mohammed Arif, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE RAJESH KUMAR VERMA
ORAL ORDER
2 06-04-2026 Heard Mr. Devendra Kumar, learned counsel for the
petitioner and Mr. Mohammed Arif, learned Additional Public
Prosecutor for the State.
2. Petitioner seeks bail who is in custody since
26.12.2025 in connection with Hathauri P.S. Case No. 151 of
2021, F.I.R. dated 05.07.2021 for the offences punishable under
Sections 304(B)/34 of the IPC.
3. According to prosecution case, this petitioner along
with other accused persons have killed the informant's daughter
due to non-fulfillment of demand of dowry.
4. Learned counsel for the petitioner submits that
petitioner has clean antecedent and she has falsely been
implicated in the present case. The allegation as alleged in the
FIR is false and fabricated and the petitioner has not committed
Patna High Court CR. MISC. No.22338 of 2026(2) dt.06-04-2026
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any offence as alleged in the FIR. There is no allegation of
assault, overt act or demand of dowry against the petitioner. He
further submits that the petitioner is step mother-in-law of the
deceased and she is living separately from the deceased and she
has no concern at all from the deceased or her family affairs. He
further submits that the police after investigation submitted the
charge sheet against the petitioner. He further submits that
similarly situated, co-accused, namely, Lal Babu Sahani who is
husband of the petitioner has been granted bail by a co-ordinate
Bench of this Court vide order dated 19.07.2023 passed in Cr.
Misc. No. 38596 of 2023. The petitioner is in custody since
26.12.2025.
5. The learned Additional Public Prosecutor has
vehemently opposed the prayer for bail of the petitioner.
6. Considering the aforesaid facts and circumstances
that the petitioner has clean antecedent, there is no allegation of
assault or demand of dowry against her and similarly situated
co-accused has been granted bail by a Co-ordinate Bench of this
Court, let the petitioner, above named, be released on bail on
furnishing bail bond of Rs. 10,000/- (Ten Thousand) with two
sureties of the like amount each to the satisfaction of the learned
Judicial Magistrate 1st Class, Muzaffarpur (East), Court No.14 in
Patna High Court CR. MISC. No.22338 of 2026(2) dt.06-04-2026
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connection with Hathauri P.S. Case No. 151 of 2021, subject to
the following conditions:-
i. Petitioner 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 his absence on two consecutive dates without sufficient
reason, his bail bond shall be cancelled by the Court below.
ii. If the petitioner tampers with the evidence or the
witnesses, in that case, the prosecution will be at liberty to
move for cancellation of bail.
iii. And further condition that the court below shall
verify the criminal antecedent of the petitioner and in case at
any stage it is found that the petitioner has concealed his
criminal antecedent, the court below shall take step for
cancellation of bail bond of the petitioner. 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)
Vanisha/-
U T
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