Created by Fuzzy Cloud

Patna High Court

Kismati Devi @ Kailashi Devi @ Shanti DeviversusThe State of Bihar

Decided
Disposal
BAIL GRANTED

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


Continue reading with your account

Sign in to read the full judgment. It’s free.

Sign in to read

Checking your session…

For a signed copy suitable for filing, refer to the court's website.