Patna High Court
Seema DeviversusThe State of Bihar
- Decided
- Disposal
- ALLOWED
- Bench
- ASHOK KUMAR PANDEY
Holding
The Court granted regular bail to the petitioner.
Summary
The petitioner, Seema Devi, mother‑in‑law of a woman who allegedly committed suicide, applied for regular bail in a case registered under sections 80 and 85 of the BNS and section 3 of the Dowry Prohibition Act. The prosecution alleged that the deceased was subjected to dowry‑related cruelty and that the petitioner was involved in the circumstances leading to the death. The petitioner contended that she is innocent, has no criminal antecedent, and the allegations are vague and omnibus. The State opposed the bail, arguing the seriousness of the offences. After hearing both sides, the Court found the petitioner's claim of innocence and lack of prior record sufficient to merit bail and ordered her release on a bond of Rs.10,000 with two sureties.
Issues considered
- Whether the petitioner is entitled to regular bail for offences under sections 80 and 85 of the BNS and section 3 of the Dowry Prohibition Act.
- Whether the nature of the allegations and the petitioner's clean record justify granting bail.
Legislation cited
- BNS — s. 80, 85
- Dowry Prohibition Act — s. 3
Subjects
- regular bail
- dowry death
- section 80 BNS
- section 85 BNS
- section 3 Dowry Prohibition Act
- criminal procedure
- bail petition
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.28282 of 2026
Arising Out of PS. Case No.-63 Year-2026 Thana- BUXAR District- Buxar
======================================================
Seema Devi Wife of Late Sanjay Chaubey Resident of B. B. Ganj Near K.K.
Mandal College, Buxar, Police Station - Buxar Town, District - Buxar
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Shankar Kumar, Advocate
For the Opposite Party/s : Mr. Anil Kumar Singh No. 1, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE ASHOK KUMAR PANDEY
ORAL ORDER
2 04-05-2026 Heard learned counsel for the petitioner and learned
APP for the State.
2. The petitioner has prayed for regular bail in a case
registered for the offence punishable under sections 80 and 85
of the BNS and Section ¾ of the Dowry Prohibition Act.
3. The case of the prosecution is that one Shyama
Kumari was married to one Rahul Kumar Chaubey 04.12.2025.
It is alleged that she was subjected to cruelty on account of non-
fulfillment of dowry demand by her in-laws. On 01.02.2026, the
son-in-law informed the brother of the deceased that her sister
(informant’s daughter) has committed suicide. On this
information, they went to the matrimonial house of the deceased
where they found that the deceased was hanging with a fan.
4. Learned counsel for the petitioner submits that the
Patna High Court CR. MISC. No.28282 of 2026(2) dt.04-05-2026
2/2
petitioner is innocent and has committed no offence. Learned
counsel for the petitioner has submitted that the petitioner is
mother-in-law of the deceased and the nature of allegation is
general and omnibus. A statement has been made in para-3 of
this petition that the petitioner has got no criminal antecedent.
Moreover, she is languishing in judicial custody since
02.02.2026.
5. Learned APP appearing for the State has
vehemently opposed the prayer of regular bail.
6. Having heard learned counsel for the parties and
considering the facts and circumstances of the case, this court is
inclined to enlarge the petitioner on bail. The above named
petitioner is directed to be released on bail in connection with
Buxar Town P.S. Case No. 63 of 2026 on furnishing bail bond of
Rs.10,000/- (ten thousand) with two sureties of the like amount
each to the satisfaction of learned Chief Judicial Magistrate,
Buxar.
(Ashok Kumar Pandey, J)
Shubham/-
U T
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