Patna High Court
Chandrakali DeviversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- AJIT KUMAR
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
- Bihar Negotiable (B.N.S.) — s. 115(2), 126(2), 3(5), 351(3), 352, 482(2), 80, 85
- Dowry Prohibition Act — s. ¾
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
Checking your session…
Lawyer court records for this case
Associated through the court’s case reference.