Patna High Court
Fulamati Devi @ Fulmati DeviversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- PRAVEEN KUMAR
Holding
The court held that the petitioner is entitled to regular bail.
Summary
The Patna High Court considered an application for regular bail filed by Fulamati Devi, mother‑in‑law of a deceased woman who was allegedly killed in a dowry‑related dispute. She was charged under Sections 80, 103 and 3(5) of the Bhartiya Nyaya Sanhita for the murder, while the husband of the deceased, who allegedly committed the killing, is already in judicial custody. The petitioner argued that she had no involvement in the crime, possessed a clean record, and that there was no allegation of tampering with evidence. The State opposed bail, contending the seriousness of the offences. After weighing the facts, the court noted the petitioner’s gender, the custody of the principal accused, and the absence of any incriminating conduct, and ordered her release on bail upon furnishing a bond of Rs 10,000 with two sureties. The application was allowed.
Issues considered
- Whether the petitioner is eligible for regular bail under the Bhartiya Nyaya Sanhita for the offences charged
- Whether the circumstances, including the custody of the co‑accused, the petitioner’s gender and clean antecedents, justify granting bail
Legislation cited
- Bhartiya Nyaya Sanhita — s. 103, 3(5), 80
Subjects
- regular bail
- dowry death
- murder
- gender considerations
- Bhartiya Nyaya Sanhita
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.29256 of 2026
Arising Out of PS. Case No.-304 Year-2025 Thana- UCHKAGAON District- Gopalganj
======================================================
Fulamati Devi @ Fulmati Devi W/O Late Raghunath sah R/O Harkesh Barari,
P.s.- Uchkagaon, Dist.- Gopalganj.
... ... Petitioner
Versus
The State of Bihar
... ... Opposite Party
======================================================
Appearance :
For the Petitioner : Mr. Sonu Singh, Advocate
For the Opposite Party : Mr. Anil Kumar Singh No. 1, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE PRAVEEN KUMAR
ORAL ORDER
4 24-06-2026 Heard learned counsel for the petitioner and learned
A.P.P. for the State.
2. The petitioner seeks regular bail in connection with
Uchkagaon P.S. Case No. 304 of 2025, dated 02.08.2025,
registered for the offence under Sections 80, 103 and 3(5) of the
Bhartiya Nyaya Sanhita.
3. As per the allegation, petitioner, being the husband
of the deceased, along with co-accused persons killed the
daughter of the informant for non-fulfillment of dowry demand.
4. Learned counsel appearing for the petitioner has
submitted that the petitioner is the mother-in-law of the
deceased. It has been submitted at the Bar that the husband of
the deceased, namely, Rambabu Sah, is in judicial custody. It
has further been submitted that the petitioner used to reside
Patna High Court CR. MISC. No.29256 of 2026(4) dt.24-06-2026
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separately in mess and residence and has got no concern with
the day-to-day affairs of the deceased and her husband. It has
further been submitted that the deceased was killed by her
husband by striking hammer on her head repeatedly and the said
murder weapon, the hammer, which was used in the murder,
was also recovered pursuant to his confession. It has further
been submitted that the petitioner is in custody since 03.08.2025
and has got clean antecedents. It has lastly been submitted that
charge-sheet has been filed in this case and there is no allegation
of tampering against the petitioner.
5. Learned A.P.P. for the State vehemently opposed
the prayer for regular bail of the petitioner.
6. Heard learned counsel for the parties and perused
the record.
7. Considering the facts and circumstances of the case
and the fact that the petitioner happens to be a lady and the
husband of the deceased, as submitted at the Bar, is in custody,
let the, above named, petitioner 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 learned
Additional Sessions Judge-IX, Gopalganj, in connection with
Uchkagaon P.S. Case No. 304 of 2025.
Patna High Court CR. MISC. No.29256 of 2026(4) dt.24-06-2026
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8. The application stands allowed accordingly.
(Praveen Kumar, J)
Pawan/-
U T
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