Patna High Court
Gouri DeviversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- RAJESH KUMAR VERMA
Holding
The petitioners are entitled to bail subject to the conditions imposed by the court.
Summary
Gouri Devi and Parwati Devi were arrested in connection with a dowry death alleged under Sections 80 and 3(5) of the BNS. They applied for bail, contending that the FIR was false, delayed, and lacked specific allegations of assault or dowry demand. The State opposed the bail. The court examined the petitioners' clean antecedent, the alleged procedural lapses in the FIR, and the seriousness of the charge. Considering the arguments, the court granted bail to each petitioner on a bond of Rs.10,000 with two sureties, subject to conditions of cooperation, presence in court, non‑tampering with evidence, and verification of criminal antecedents. The order directed that the bail bond not be delayed for verification purposes.
Issues considered
- Whether bail should be granted to the accused in a dowry death case under Sections 80 and 3(5) of the BNS.
- Whether the FIR is false and materially defective to warrant bail.
- Whether the petitioners' clean antecedent and the delay in filing the FIR justify bail.
Legislation cited
- BNS — s. 3(5), 80
Subjects
- bail
- dowry death
- false FIR
- criminal antecedent
- Criminal Procedure Code
- Bihar
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.22882 of 2026
Arising Out of PS. Case No.-121 Year-2024 Thana- AKBARNAGAR District- Bhagalpur
======================================================
1. Gouri Devi W/o Rakesh Das @ Rakesh Kumar Das
2. Parwati Devi W/o Shankar Das
Both R/o Village - Akbarnagar, P.S - Akbarnagar, District - Bhagalpur
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr.Pankaj Kumar Sinha, Advocate
: Mr.Rounak Kumar Singh Pankaj, Advocate
For the Opposite Party/s : Ms.Suman Kumari Singh, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE RAJESH KUMAR VERMA
ORAL ORDER
2 08-04-2026 Heard Mr.Pankaj Kumar Sinha, learned counsel for
the petitioners and Ms.Suman Kumari Singh, learned
Additional Public Prosecutor for the State.
2. The petitioners seek bail, who are in custody since
02.01.2026 in connection with Akbarnagar P.S. Case No. 121 of
2024, F.I.R. dated 27.10.2024 registered for the offence
punishable under Sections 80, 3(5) of BNS.
3. Allegation against the petitioners is that they
alongwith other co-accused persons have in furtherance of their
common intention committed the dowry death of the daughter
of the informant.
4. Learned counsel appearing for the petitioners
submits that the petitioners have clean antecedent. The
Patna High Court CR. MISC. No.22882 of 2026(2) dt.08-04-2026
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allegation as alleged in the FIR is false and fabricated and the
petitioners have not committed any offence as alleged in the
FIR. From a bare perusal of the FIR it appears that the date of
occurrence as alleged in the FIR is 23.10.2024 but the present
FIR has been instituted on 27.10.2024 after delay of three days
without giving any explanation of delay afterthought only to
falsely implicate the petitioners. Further submits that from a
bare perusal of the FIR it appears that there is no specific
allegation of any assault, overt-act or demand of dowry
attributed against the petitioners and the husband of the
deceased, namely, Santosh Kumar, who happens to be the son of
petitioner No.2, is in judicial custody since 02.01.2026 and the
police, after investigation, submitted chargesheet against the
petitioners and the petitioners are in custody since 02.01.2026.
5. Learned A.P.P. for the State has vehemently
opposed the prayer for bail of the petitioners.
6. Considering the aforesaid facts, let the petitioners,
above named, be released on bail on furnishing bail bond of
Rs.10,000/- (Ten Thousand)each with two sureties of the like
amount each to the satisfaction of learned A.C.J.M.-1st,
Bhagalpur in connection with Akbarnagar P.S. Case No. 121 of
2024, with the following conditions:-
Patna High Court CR. MISC. No.22882 of 2026(2) dt.08-04-2026
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(I) Petitioners 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 theri absence on two consecutive dates without sufficient
reason, their bail bond shall be cancelled by the Court below.
(II) If the petitioners tamper 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 petitioners and in case at
any stage, it is found that the petitioners have concealed their
criminal antecedents, the court below shall take step for
cancellation of bail bond of the petitioners. 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)
Nitesh/-
U T
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