Patna High Court
Arhuliya Devi @ Arhula DeviversusThe State of Bihar
- Decided
- Disposal
- ALLOWED
- Bench
- SUNIL DUTTA MISHRA
Holding
The court granted bail to the petitioner subject to conditions under Section 482(2) of the Bharatiya Nyaya Sanhita.
Summary
Arhuliya Devi, the mother‑in‑law of a deceased woman, was implicated in a dowry‑death case registered under Sections 80 and 3(5) of the Bharatiya Nyaya Sanhita. The prosecution alleged that she, along with others, participated in the murder of the victim by setting her ablaze after dowry demands were unmet. The petitioner contended she was innocent, had no criminal antecedent, and was falsely implicated, seeking bail. The State opposed the bail application. After considering the allegations, the petitioner’s clean record, and the nature of the case, the court granted bail subject to a bond of Rs.10,000 and two sureties, with conditions under Section 482(2) of the B.N.S.S. The order was made pending the petitioner’s arrest or surrender within six weeks.
Issues considered
- Whether bail should be granted to the petitioner Arhuliya Devi in a dowry‑death case under Sections 80 and 3(5) of the Bharatiya Nyaya Sanhita.
Legislation cited
- Bharatiya Nyaya Sanhita — s. 3(5), 482(2), 80
Subjects
- dowry death
- bail
- criminal procedure
- Bharatiya Nyaya Sanhita
- over‑implication
- mother‑in‑law
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.26041 of 2026
Arising Out of PS. Case No.-11 Year-2026 Thana- KHAJAULI District- Madhubani
======================================================
Arhuliya Devi @ Arhula Devi Wife of Chandeshwar Yadav Resident of
Village- Behata, P.S.- Khajauli, District- Madhubani
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Manoj Kumar Pandey, Advocate
Ms. Kumari Pallavi, Advocate
For the Opposite Party/s : Mr. Ashok Kumar Singh, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE SUNIL DUTTA MISHRA
ORAL ORDER
2 22-04-2026 Heard learned counsel for the petitioner and learned
A.P.P. for the State.
2. The petitioner apprehends her arrest in a case
registered under Sections 80 and 3(5) of the Bharatiya Nyaya
Sanhita.
3. As per the prosecution case, informant solemnized
the marriage of his daughter with co-accused Nilesh Kumar
Yadav one year prior to the occurrence. After marriage, the
husband and in-laws of informant’s daughter started demanding
dowry. Due to non-fulfillment of the same, she was tortured and
ill treated. It is further alleged that on 14.01.2026, all the F.I.R.
named accused persons including this petitioner killed the
Patna High Court CR. MISC. No.26041 of 2026(2) dt.22-04-2026
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daughter of informant by setting her body on fire.
4. Learned counsel appearing on behalf of the petitioner
submits that petitioner is innocent and has falsely been
implicated in the present case. Further submission is that
petitioner is mother-in-law of the victim. Petitioner is victim of
over implication. She is separate in mess and property and has
never tortured the deceased and demanded any dowry. The
victim sustained burn injuries while cooking food and she was
taken to hospital but died in the way. Thrust of accusation is
against husband of the deceased, who is already in custody since
15.01.2026. Petitioner has got no criminal antecedent and she
undertakes to co-operate in the investigation and trial.
5. Learned A.P.P. for the State vehemently opposed
the prayer for bail of the petitioner.
6. Having considered the facts and circumstances
of the case, submissions on behalf of the parties, nature of
allegation against the petitioner and her fair criminal antecedent,
let the above named petitioner be released on bail, in the event
of arrest or surrender before the learned court below within a
period of six weeks from today, on furnishing bail-bond of Rs.
10,000 (Rupees Ten Thousand) with two sureties of the like
amount to the satisfaction of learned Judicial Magistrate-I,
Patna High Court CR. MISC. No.26041 of 2026(2) dt.22-04-2026
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Madhubani in connection with Khajauli P.S. Case No. 11 of
2026, subject to the conditions as laid down under Section
482(2) of the B.N.S.S.
(Sunil Dutta Mishra, J)
utkarsh/-
U T
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