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Patna High Court

Vimla DeviversusThe State of Bihar

Decided
Disposal
ALLOWED

Holding

Cognizance is not a material consideration for bail, and the petitioner is entitled to regular bail.

Summary

Vimla Devi, the mother‑in‑law of a deceased woman, sought regular bail in a case registered under section 80 of the Bihar Negotiable Instruments Act and section 3 of the Dowry Prohibition Act. The prosecution alleged that the in‑laws had killed the sister of an informant after the deceased was subjected to dowry‑related cruelty. The petitioner contended she was innocent, had no criminal antecedent, and that the husband of the deceased had already been acquitted; she had been in judicial custody since 13‑04‑2025. The State opposed the bail application. After hearing both sides, the court held that cognizance was not a bar to bail and ordered the petitioner released on a bail bond of Rs.10,000 with two sureties.

Issues considered

  • Whether cognizance taken by the trial court precludes the grant of regular bail
  • Whether the petitioner is entitled to bail under sections 80 of the Bihar Negotiable Instruments Act and 3 of the Dowry Prohibition Act

Legislation cited

Subjects

  • bail
  • dowry prohibition
  • cognizance
  • regular bail
  • criminal procedure

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.28985 of 2026
                   Arising Out of PS. Case No.-181 Year-2024 Thana- CHACKMEHSI District- Samastipur
                 ======================================================
                 Vimla Devi W/o- Bhola Rai R/v- Somnaha W.No-11, Ps- Chakmehsi Dist-
                 Samastipur
                                                                     ... ... Petitioner/s
                                                Versus
           1.     The State of Bihar
           2.     Chandan Kumar Rai S/o- Mungeri Rai R/v- Bhataura W.No-3, Ps- Hathauri
                  Dist- Samastipur
                                                                   ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :       Mr.Dilip Kumar Roy
                 For the Opposite Party/s :       Mr.Choubey Jawahar
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE ASHOK KUMAR PANDEY
                                       ORAL ORDER

2   06-05-2026                    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 section 80 of BNS and

                   Sections ¾ of the Dowry Prohibition Act.

                                3. The case of the prosecution is that one Ranju Kumari

                   (deceased) was married to one Mintu Rai. It is alleged that she was

                   being subjected to cruelty on account of non-fulfillment of dowry

                   demand by her in-laws. It is further alleged that on 09.11.2024, all

                   the in-laws have killed the sister of the informant.

                                4. Learned counsel for the petitioner submits that the

                   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. After investigation, police has
            Patna High Court CR. MISC. No.28985 of 2026(2) dt.06-05-2026
                                                        2/2




                      submitted final form against her but learned trial court has taken

                      cognizance. Learned counsel has further submitted that cognizance

                      is not a material for consideration of bail. It has further been

                      submitted that the husband of the deceased has been acquitted by

                      the learned trial court. 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 13.04.2025.

                                   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

                      Chakmehsi P.S. Case No. 181 of 2024 on furnishing bail bond of

                      Rs.10,000/- (ten thousand) with two sureties of the like amount

                      each to the satisfaction of learned District and Additional Sessions

                      Judge-IX, Samastipur.



                                            (Ashok Kumar Pandey, J)
shubham/-
U      T


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