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Patna High Court

Chandrakali DeviversusThe State of Bihar

Decided
Disposal
BAIL GRANTED

Holding

Bail was granted to the petitioners subject to conditions, as no specific allegation was made against them and they have no criminal antecedent.

Summary

Chandrakali Devi and Sunita Devi, the mother‑in‑law and sister‑in‑law of a deceased woman, sought bail fearing arrest in a dowry‑related murder case (Goh P.S. Case No. 15 of 2026). The prosecution alleged they were involved in the murder of the informant’s sister for non‑payment of dowry, charging them under several sections of the Bihar Negotiable (B.N.S.) and the Dowry Prohibition Act. The petitioners contended that no specific allegation was made against them, they had no criminal record, and the husband of the deceased had already been granted regular bail. The State opposed the bail. The Court, noting the lack of specific charges, the petitioner’s clean record, and the prior bail to the husband, ordered that bail be granted subject to conditions under Section 482(2) of the B.N.S. and additional safeguards.

Issues considered

  • What is the appropriateness of granting bail to the petitioners in the absence of specific allegations?
  • Whether the petitioners’ clean antecedent and the prior bail to the husband justify bail under Section 482(2) of the B.N.S.

Legislation cited

Subjects

  • bail
  • dowry death
  • murder
  • criminal procedure
  • Section 482
  • Dowry Prohibition Act
  • anticipatory bail

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.24300 of 2026
                        Arising Out of PS. Case No.-15 Year-2026 Thana- GOH District- Aurangabad
                 ======================================================
           1.     Chandrakali Devi S/o Mahendra Yadav R/o Village - Chamanpura, P.S. -
                  Goh, District - Aurangabad.
           2.    Sunita Devi W/o Ashok Yadav R/o Village - Chamanpura, P.S. - Goh,
                 District - Aurangabad.

                                                                                   ... ... Petitioner/s
                                                        Versus
                 The State of Bihar

                                                        ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :        Mr.Rakesh Singh, Adv.
                 For the Opposite Party/s :        Mr.Jitendra Kumar Singh, APP
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE AJIT KUMAR
                                       ORAL ORDER

2   08-07-2026             Heard learned counsel for the petitioners and learned APP

                   for the State.

                           2. The petitioners are apprehending their arrest in

                   connection with Goh P.S. Case No. 15 of 2026 dated 17.01.2026

                   registered for the offence punishable under Sections 80, 85,

                   126(2), 115(2), 351(3), 352, 3(5) of the B.N.S. and Section ¾ of

                   the Dowry Prohibition Act.

                           3. As per prosecution case, the accusation against the

                   accused persons including the petitioners is of committing

                   murder of the Informant’s sister namely Sanju Devi (deceased)

                   for non-fulfillment of dowry demand.

                           4. Learned counsel for the petitioners submits that the
Patna High Court CR. MISC. No.24300 of 2026(2) dt.08-07-2026
                                            2/3




          petitioners are innocent and have been falsely implicated in the

          present case. The petitioners are the mother-in-law and sister-in-

          law (Gotni) of the deceased and were residing separately. The

          allegations made against the petitioners are general and omnibus

          in nature, and no specific allegation has been made against

          either of them. It has next been submitted that the husband of

          the deceased has already been granted regular bail vide order

          dated 22.06.2026 passed by a Co-ordinate Bench of this Court

          in Cr. Misc. No. 39685 of 2026 and the children borne out of the

          wedlock are residing with them and are being cared and

          nourished by the petitioners. It is lastly submitted that the

          petitioners bear no criminal antecedent.

                  5. On the other hand, the learned APP for the State has

          opposed the prayer for bail of the petitioners.

                  6. Having heard learned counsel for the parties and

          considering that nothing specific has been alleged against the

          petitioners and the husband of the deceased has already been

          granted regular bail by a Co-ordinate Bench of this Court and,

          as also, the petitioners having no criminal antecedent, let the

          above named petitioners, be released on bail, in the event of

          their arrest or surrender before the learned Court below within a

          period of six weeks from today, on furnishing bail bond of Rs.
              Patna High Court CR. MISC. No.24300 of 2026(2) dt.08-07-2026
                                                           3/3




                        10,000/- (Rupees Ten Thousand) each with two sureties of the

                        like amount each to the satisfaction of the learned Judicial

                        Magistrate, Daudnagar, Dist. Aurangabad in connection with

                        Goh P.S. Case No. 15 of 2026, subject to the conditions as laid

                        down under Section 482(2) of the B.N.S.S. as well as the

                        following conditions:

                                (i)   One      of    the    bailors     should   be   the   family

                        member/relative/known of the petitioner(s) who shall provide

                        official document / personal affidavit to show his/her bona fide;

                                (ii) the petitioner(s) shall appear on each and every date

                        before the Trial Court and failure to do so for two consecutive

                        dates without plausible reason will entail cancellation of their

                        bail bond by the Trial Court itself;

                                (iii) the petitioner(s) shall in no way try to induce or

                        promise or threat the witnesses or tamper with the evidences,

                        failing which the State shall be at liberty to take steps for

                        cancellation of the bail bonds.



                                                                                 (Ajit Kumar, J)
rishi/-

U         T


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