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Patna High Court

Phulpari Devi @ Manoj Das Ki MaaversusThe State of Bihar

Decided
Disposal
BAIL GRANTED

Holding

The Court held that, given the prolonged custody, trial delay and lack of specific evidence, regular bail should be granted to the petitioner.

Summary

The petitioner, Phulpari Devi, sought regular bail in a dowry‑death case (Pusa PS Case No. 09/2025) where she is alleged to have participated in the murder of her son‑in‑law. The charges were under Sections 80, 61(2) and 3(5) of the B.N.S. The petitioner had been in custody since 6 May 2025 and claimed a clean antecedent, arguing that she was falsely implicated and that no witnesses had been examined at trial. The State opposed bail, citing the seriousness of the allegations. The Court considered the length of custody, the delay in trial, and the lack of specific evidence against her, and decided to grant regular bail. Accordingly, the petitioner was released on bail upon furnishing a bond of Rs 10,000 with two sureties of the same amount.

Issues considered

  • Whether the petitioner is entitled to regular bail despite being charged with dowry‑death offences under Sections 80, 61(2) and 3(5) of the B.N.S.
  • Whether the period of custody, delay in trial and the petitioner’s clean antecedent justify the grant of bail
  • Whether the nature of the allegations precludes the grant of regular bail

Legislation cited

Subjects

  • regular bail
  • dowry death
  • criminal procedure
  • delay in trial
  • bail bond
  • B.N.S. sections

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.22834 of 2026
                        Arising Out of PS. Case No.-9 Year-2025 Thana- PUSA District- Samastipur
                 ======================================================
                 Phulpari Devi @ Manoj Das Ki Maa wife of Ram Gati Das Resident of
                 Village -Vishnupur Birauli Khurd, PS -Pusa, District -Samastipur

                                                                                    ... ... Petitioner/s
                                                        Versus
           1.    The State of Bihar
           2.    Deepak Kumar son of Lgandev Das Resident of village- Rasulpur Turki, Po
                 - Osai, Ps- Bhagwanpur, Dist- Vaishali

                                                        ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :       Mr.Dilip Kumar Roy, Advocate
                 For the Opposite Party/s :       Mr.Surendra Kumar, APP
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE SANDEEP KUMAR
                                       ORAL ORDER

2   30-04-2026                  Heard the parties.

                                2. This is the second attempt of the petitioner for grant

                   of regular bail in connection Pusa P.S. Case No. 09 of 2025

                   registered for the offence under Sections 80, 61(2), 3(5) of

                   B.N.S. Earlier the bail application of the petitioner was

                   withdrawn on 11.08.2025 in Cr. Misc. No. 49641/2025.

                                3. As per the prosecution case, petitioner is the

                   mother-in-law of the deceased and she along with others is

                   alleged to have killed the deceased for demand of dowry.

                   Petitioner is in custody since 06.05.2025 and claims clean

                   antecedent.

                                4. Learned counsel for the petitioner submits that
              Patna High Court CR. MISC. No.22834 of 2026(2) dt.30-04-2026
                                                          2/2




                        petitioner has falsely been implicated in the present case.

                        Learned counsel further submits that in the trial, charges have

                        been framed but no witness has been examined. The petitioner

                        undertakes to co-operate in the case/ trial.

                                     5. Learned APP for the State has opposed the prayer

                        for regular bail of the petitioner.

                                     6. Considering the period of custody, delay in trial and

                        general and omnibus allegation against 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 Additional Session Judge II,

                        Samastipur/concerned Court below in connection with Pusa P.S.

                        Case No. 09/2025.



                                                   (Sandeep Kumar, J)
tusharika/-

U       T


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