Patna High Court
Indu DeviversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- RAJESH KUMAR VERMA
Holding
The court granted bail to the petitioner, subject to specified conditions.
Summary
Indu Devi, the mother‑in‑law of a deceased woman, was arrested in connection with a dowry‑death case under Sections 80 and 3(5) of the Bharatiya Nyay Sanhita, 2023. The prosecution alleged that she participated in the killing of the informant’s daughter, while the defence argued that the FIR contains only a generic allegation against all accused and that there is no specific evidence linking her, noting her clean antecedent and the lack of supporting medical evidence. The court examined whether the nature of the offence and the evidentiary record justified denial of bail. Considering the petitioner’s clean record and the insufficiency of the medical report to substantiate the charge, the court granted bail subject to conditions under Section 438(2) of the CrPC and Section 482(2) of the Bhartiya Nagarik Suraksha Sanhita. The bail order required a bond of Rs.10,000 with two sureties and imposed conditions of cooperation, non‑tampering with evidence, and verification of antecedents.
Issues considered
- Whether bail should be granted to the accused under Section 438(2) CrPC and Section 482(2) Bhartiya Nagarik Suraksha Sanhita in a dowry‑death case.
- Whether the generic allegations in the FIR and lack of medical evidence constitute sufficient ground to deny bail.
- Whether the petitioner’s clean criminal antecedent warrants bail despite the seriousness of the offence.
Legislation cited
- Bharatiya Nyay Sanhita, 2023 — s. 3(5), 80
- Bhartiya Nagarik Suraksha Sanhita — s. 482(2)
- Code of Criminal Procedure — s. 438(2)
Subjects
- bail
- dowry death
- Bharatiya Nyay Sanhita
- Criminal Procedure Code
- Bhartiya Nagarik Suraksha Sanhita
- clean antecedent
- medical evidence
- Muzaffarpur
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.24178 of 2026
Arising Out of PS. Case No.-157 Year-2025 Thana- Benibad District- Muzaffarpur
======================================================
Indu Devi W/o Late Mahesh Sah R/o Village - Janta Dih, P.S. - Benibad,
District - Muzaffarpur.
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Hari Kishore Thakur, Advocate
For the Opposite Party/s : Mr. Bhanu Pratap Singh, APP
For the Informant : Mr. Chandna Shekhar Anand, Advocate
======================================================
CORAM: HONOURABLE MR. JUSTICE RAJESH KUMAR VERMA
ORAL ORDER
2 15-04-2026 Heard Mr. Hari Kishore Thakur, learned counsel
for the petitioner, Mr. Bhanu Pratap Singh, learned Additional
Public Prosecutor for the State and Mr. Chandna Shekhar
Anand, learned counsel for the Informant.
2. Petitioner seeks bail who is in custody since
20.11.2025 in connection with Benibad P.S. Case No. 157 of
2025, F.I.R. dated 19.11.2025 for the offences punishable under
Sections 80 and 3(5) of the Bharatiya Nyay Sanhita, 2023.
3. According to prosecution case, the informant
alleged that the petitioner along with other accused persons
killed his 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
Patna High Court CR. MISC. No.24178 of 2026(2) dt.15-04-2026
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implicated in the present case merely on the basis that she is
mother-in-law of the deceased. From bare perusal of the FIR it
appears that there is no specific allegation of assault or overt act
against her rather there is general and omnibus allegation
against all the accused persons including the petitioner and
medical evidence (post-mortem report) does not support the
allegation as alleged in the FIR. The police after investigation
has submitted charge sheet against the petitioner and the
petitioner is in custody since 20.11.2025.
5. The learned Additional Public Prosecutor and
learned counsel for the Informant have vehemently opposed the
prayer for bail of the petitioner.
6. Considering the aforesaid facts and circumstances,
petitioner has clean antecedent and medical evidence does not
support the allegation as alleged in the FIR, let the petitioner,
above named, in the event of arrest or surrender before the court
below within a period of thirty days from the date of receipt of
the order, 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 (East), Muzaffarpur in connection with Benibad P.S. Case
No. 157 of 2025, subject to the conditions as laid down under
Patna High Court CR. MISC. No.24178 of 2026(2) dt.15-04-2026
3/3
Section 438(2) of the Code of Criminal Procedure / Section
482(2) of the Bhartiya Nagarik Suraksha Sanhita and with other
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 her absence on two consecutive dates without sufficient
reason, her 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 her
criminal antecedent, the court below shall take step for
cancellation of bail bond of the petitioner. However, the
acceptance of bail bond in terms of the above-mentioned order
shall not be delayed for purpose of or in the name of
verification.
(Rajesh Kumar Verma, J)
Suruchi/-
U T
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