Patna High Court
Shobha DeviversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- ARUN KUMAR JHA
Holding
The Court granted bail to the petitioners subject to conditions, finding the allegations vague and the possibility of false implication.
Summary
The petitioners, Shobha Devi, Kanti Devi and Chandani Devi, who are the mother‑in‑law and sisters‑in‑law of a deceased woman, were implicated in a dowry‑death case (Darpa P.S. Case No. 200 of 2025) under Sections 80 and 3(5) of the B.N.S. Act. The informant alleged that his son‑in‑law demanded a motorcycle as dowry and, when the demand was not met, the victim was tortured and later died under suspicious circumstances. The petitioners contended that they were falsely implicated, that the demand was made by the husband, and that the post‑mortem showed strangulation, not a dowry‑related homicide. The State argued that the case fell within the definition of dowry death within seven years of marriage. Considering the vague and doubtful nature of the allegations against the petitioners and the possibility of false implication, the Court ordered their release on bail subject to conditions under Section 482(2) of the B.N.S.S. and other safeguards.
Issues considered
- Whether the petitioners can be granted bail despite being implicated in a dowry‑death case.
- Whether the allegations against the petitioners are sufficient to justify continued detention.
- Whether Section 482(2) of the B.N.S.S. permits the Court to release the petitioners on bail.
Legislation cited
- B.N.S.S. — s. 3(5), 482(2), 80
Subjects
- dowry death
- bail
- false implication
- Section 304B
- Section 482
- Criminal Miscellaneous
- East Champaran
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.28305 of 2026
Arising Out of PS. Case No.-200 Year-2025 Thana- DARPA District- East Champaran
======================================================
1. Shobha Devi D/o Dhaneshwar Mukhiya R/o Village - Tinkoni, P.S. - Darpa,
Dist. - East Champaran.
2. Kanti Devi @ Janti Devi W/o Dhaneshwar Mukhiya R/o Village - Tinkoni,
P.S. - Darpa, Dist. - East Champaran.
3. Chandani Devi D/o Dhaneshwar Mukhiya R/o Village - Tinkoni, P.S. -
Darpa, Dist. - East Champaran.
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr.Dhandev Kumar, Advocate
For the Opposite Party/s : Mr.Anil Kumar Singh No. 1, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE ARUN KUMAR JHA
ORAL ORDER
2 04-05-2026 Heard learned counsel for the petitioners and learned
APP for the State.
2. In the present case, the petitioners are
apprehending their arrest in connection with Darpa P.S. Case
No. 200 of 2025 registered for the offences under Sections 80,
3(5) of BNS.
3. As per prosecution case, the daughter of the
informant was married with co-accused Ranjan Mukhiya. The
informant has alleged that his son-in-law used to demand
motorcycle in dowry and for non-fulfillment of the said demand
his daughter was tortured by petitioner no. 2 and other co-
Patna High Court CR. MISC. No.28305 of 2026(2) dt.04-05-2026
2/3
accused persons. Subsequently, the daughter of the informant
died on 12.08.2025 in suspicious circumstances and on enquiry
the informant came to know about involvement of the
petitioners and other co-accused persons in death of his
daughter in her matrimonial home within seven years of the
marriage.
4. Learned counsel for the petitioners submits that
the petitioners are innocent and have falsely been implicated in
this case. Petitioner no. 2 is the mother-in-law of the victim
whereas petitioner nos. 1 and 3 are her sisters-in-law (Nanad),
who are married as well as unmarried. They lived separately
from the husband of the deceased who is in judicial custody.
Learned counsel further submits that the demand was made by
the husband of the deceased and postmortem report shows the
deceased was strangulated, the petitioners could not be
implicated merely on suspicion. The petitioners are having clean
antecedent.
5. Learned APP opposes the submission made on
behalf of the petitioners. Learned APP submits that it is a case of
dowry death within seven years of the marriage.
6. Having regard to the facts and circumstances and
submissions made on behalf of the parties and considering the
Patna High Court CR. MISC. No.28305 of 2026(2) dt.04-05-2026
3/3
vague and doubtful nature of allegation against the petitioners,
who are mother-in-law and sisters-in-law, respectively and
further considering the possibility of false implication, let the
petitioners above named, in the event of their arrest or surrender
before the court concerned within a period of eight weeks from
today, be released on bail, on furnishing bail bonds of
Rs.10,000/- (Rupees Ten Thousand Only) each with two sureties
of the like amount each to the satisfaction of learned Additional
Sessions Judge-III, East Champaran, Motihari/concerned court
in connection with Darpa P.S. Case No. 200 of 2025, subject to
the condition as laid down under Section 482(2) of the B.N.S.S.
and other following conditions :
(i) One of the bailors will be a close
relative of the petitioners.
(ii) The petitioners will remain present
on each and every date fixed by the
court below, if so required by the
learned trial court.
(Arun Kumar Jha, J)
DKS/-
U T
Checking your session…