Patna High Court
Kismati Devi @ Kailashi Devi @ Shanti DeviversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- SANDEEP KUMAR
Holding
The court granted bail to the petitioner.
Summary
Kismati Devi, a 72‑year‑old mother‑in‑law, was arrested in connection with a dowry‑related murder case (Harsidhi P.S. Case No. 603 of 2025) under Sections 85, 80(2), 3(5) of the BNS and later Section 103(1). The prosecution alleged she participated in the killing of the deceased, while her counsel argued she had no role and that the death was a suicide following a dispute over a mobile phone. The petitioner had been in custody since 28‑01‑2026. The High Court, after considering her age, lack of direct involvement, and the circumstances of death, allowed the bail application. She was released on a bail bond of Rs. 10,000 with two sureties, subject to cooperation with the trial, and the court clarified that the order was limited to bail and did not prejudice the merits of the case.
Issues considered
- Whether the petitioner is entitled to bail despite the serious nature of the alleged dowry‑related murder charges
- Whether the petitioner’s age and alleged lack of participation justify granting bail
Subjects
- bail
- dowry death
- murder
- age
- mother‑in‑law
- criminal procedure
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.26058 of 2026
Arising Out of PS. Case No.-603 Year-2025 Thana- HARSIDHI District- East Champaran
======================================================
Kismati Devi @ Kailashi Devi @ Shanti Devi Wife of Ramnath Sahani R/o
Village Kubra Ward No. 07, P.S.- Harsidhi, District - East Champaran
... ... Petitioner/s
Versus
The State of Bihar Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr.Patanjali Rishi
For the Opposite Party/s : Mr.Shyam Kumar Singh
======================================================
CORAM: HONOURABLE MR. JUSTICE SANDEEP KUMAR
ORAL ORDER
2 21-04-2026 Heard learned counsel for the petitioner and learned
APP for the State.
2. The petitioner seeks bail in connection with
Harsidhi P.S. Case No. 603 of 2025 registered for the offence
under Sections 85, 80(2), 3(5) of the BNS and Section 103(1)
was added later.
3. As per the prosecution case, the petitioner and
others are said to have killed the deceased for demand of dowry.
4. The petitioner is in custody since 28.01.2026.
5. Learned counsel for the petitioner submits that
the petitioner is 72 years old woman, and she being the mother-
in-law has no role to play in the alleged offence. He further
submits that the deceased has fought with her husband with
regard to a mobile phone and thereafter she committed suicide
by hanging herself. He next submits that except for the mark of
strangulation, there is no external injury found on the body of
Patna High Court CR. MISC. No.26058 of 2026(2) dt.21-04-2026
2/2
the deceased.
6. Considering the aforesaid facts, this application
is allowed.
7. Let the petitioner, above named, 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 concerned Court below in connection with Harsidhi P.S.
Case No. 603 of 2025.
8. As a condition of this order, the petitioner, after
being released on bail, is directed to co-operate in the trial either
by appearing personally or through his lawyer in the trial Court
on each and every date fixed by the trial Court. Non-compliance
of the condition will result in cancellation of the bail bonds of
the petitioner.
9. It is, however, clarified that the observations
made herein are limited to the adjudication of the present bail
application and shall not prejudice the case of the petitioner at
any subsequent stage of the trial and this Court has not
expressed any opinion on the merits of the case.
(Sandeep Kumar, J)
Vikas/-
U
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