Patna High Court
Mala DeviversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- RAJESH KUMAR VERMA
Holding
The Court granted bail to the petitioner with a bond of Rs.10,000 and imposed conditions for her cooperation and non‑tampering.
Summary
Mala Devi, the petitioner, was arrested on 23 December 2025 in connection with a dowry‑related death case (Bhawanipur P.S. Case No. 284 of 2025) under Sections 80 and 3(5) of the B.N.S. She claimed to have a clean record and argued that the FIR lacked specific allegations against her, noting that she was implicated merely as the mother‑in‑law of the deceased. The State opposed bail, while her counsel contended that the informant was not an eyewitness and the charges were omnibus. The Court examined the facts, the nature of the allegations, and the petitioner’s antecedents, and decided to grant 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 antecedents. The bail order emphasized that any violation of conditions could lead to cancellation.
Issues considered
- Whether bail should be granted to the petitioner under Sections 80 and 3(5) of the B.N.S. in a dowry‑death case
- Whether the petitioner poses a risk of fleeing, tampering with evidence, or influencing witnesses
- Whether the FIR contains specific allegations sufficient to deny bail
Legislation cited
- B.N.S. — s. 3(5), 80
Subjects
- bail
- dowry death
- torture
- false implication
- criminal antecedent
- conditions of bail
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.22684 of 2026
Arising Out of PS. Case No.-284 Year-2025 Thana- Bhawanipur District- Bhagalpur
======================================================
Mala Devi W/O Kalanand Das R/O Village- Bhawanipur, P.S.- Bhawanipur,
District- Bhagalpur
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Ranjan Kumar Jha, Advocate
For the State : Mr. Brajendra Nath Pandey, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE RAJESH KUMAR VERMA
ORAL ORDER
2 07-04-2026 Heard Mr. Ranjan Kumar Jha, learned counsel for
the petitioner and Mr. Brajendra Nath Pandey, learned APP for
the State.
2. Petitioner seeks bail, who is in custody since
23.12.2025, in connection with Bhawanipur P.S. Case No. 284
of 2025, F.I.R. dated 22.12.2025 registered for the offences
punishable under Sections 80, 3(5) of the B.N.S.
3. Allegation against the petitioner is of committing
torture and caused death due to non-fulfillment of demand of
dowry.
4. Learned counsel for the petitioner submits that the
petitioner has clean antecedent and she has been falsely
implicated in the present case. It appears from the F.I.R. itself
that the informant is not an eye witness of the alleged
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occurrence and petitioner has been made accused merely on the
ground that the petitioner is mother-in-law of the deceased.
From perusal of the F.I.R. it appears that there is no specific
allegation of any assault or overt act or demand of dowry
attributed against the petitioner rather there is general and
omnibus allegation against all the accused persons including the
petitioner except the husband of the deceased and husband of
the deceased, namely, Arjan Kumar is in judicial custody. He
further submits that the police after investigation submitted
chargesheet against the petitioner and the petitioner is in custody
since 23.12.2025.
5. The learned Additional Public Prosecutor for the
State has vehemently opposed the prayer for bail of the
petitioner.
6. Considering the facts and circumstances of the
case, let the petitioner, above named, be released on bail on
furnishing bail bond of Rs. 10,000/- (Rupees Ten Thousand)
with two sureties of the like amount each to the satisfaction of
learned A.C.J.M. III, Naugachia, Bhagalpur in connection with
Bhawanipur P.S. Case No. 284 of 2025, subject to the following
conditions :-
(1) Petitioner shall co-operate in the trial and shall be
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properly represented on each and every date fixed by the Court
and shall remain physically present as directed by the Court and
on her absence on two consecutive dates without sufficient
reason, her bail bond shall be cancelled by the Court below.
(2) If the petitioner tampers with the evidence or the
witness, in that case, the prosecution will be at liberty to move
for cancellation of bail.
(3) 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 her
criminal antecedents, 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)
Ibrar//-
U T
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