Patna High Court
Kajal Devi @ Sankari DeviversusThe State of Bihar
- Decided
- Disposal
- BAIL REJECTED
- Bench
- ANIL KUMAR SINHA
Holding
The court declined to grant anticipatory bail, holding that the statutory presumption of culpability in dowry‑death cases outweighs the petitioner's arguments.
Summary
The petition filed by Kajal Devi, mother‑in‑law of the deceased, sought anticipatory bail under Sections 80(2) and 3(5) of the Bhartiya Nyaya Sanhita in a dowry‑death case. The prosecution alleged that the deceased, married on 12‑11‑2024, was subjected to cruelty, assault and torture and died unnaturally within nine months while seven months pregnant, suggesting a dowry‑related homicide. The petitioner contended she had no involvement, that the death was a suicide and that the post‑mortem report showed no injuries. The court observed that the proximity of the death to alleged dowry demands triggers the statutory presumption of culpability under Sections 117 and 118 of the Bharatiya Sakshya Adhiniyam, 2023, and that the nature of death (homicidal, suicidal or accidental) is immaterial for bail considerations. Accordingly, the court refused to grant anticipatory bail, dismissing the application.
Issues considered
- Whether anticipatory bail should be granted to the mother‑in‑law under Sections 80(2) and 3(5) of the Bhartiya Nyaya Sanhita in a dowry‑death case
- Whether the statutory presumption under Sections 117 and 118 of the Bharatiya Sakshya Adhiniyam, 2023, precludes bail
- Whether the characterization of the death as suicide, homicide or accident affects the bail decision
Legislation cited
- Bharatiya Sakshya Adhiniyam, 2023 — s. 117, 118
- Bhartiya Nyaya Sanhita — s. 3(5), 80(2)
Subjects
- anticipatory bail
- dowry death
- presumption of guilt
- evidence act
- marital home
- suicide vs homicide
- criminal procedure
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.29276 of 2026
Arising Out of PS. Case No.-208 Year-2025 Thana- TURKI KHARARU District-
Muzaffarpur
======================================================
Kajal Devi @ Sankari Devi W/o Devnandan Mahto R/O Vill.- Tarsan, P.s.-
Turki, Dist.- Muzaffarpur.
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Arvind Kumar
For the Opposite Party/s : Mr. Nityanand
======================================================
CORAM: HONOURABLE MR. JUSTICE ANIL KUMAR SINHA
ORAL ORDER
2 06-05-2026 1. Heard learned counsel for the petitioner and learned
Additional Public Prosecutor for the State.
2. This application, for grant of anticipatory bail, arises out
of Turki Police Station Case No. 208 of 2025, dated
09.08.2025, disclosing offences under Sections 80(2)/3(5)
of the Bhartiya Nyaya Sanhita.
3. That the prosecution case, in brief, is that marriage of the
informant’s daughter (deceased) solemnized with co-
accused Ajay Kumar on 12.11.2024. After the marriage,
the accused persons subjected her to cruelty, assault and
torture. On 07.08.2025, after bidagri from her parental
home on 06.08.2025, she died in her matrimonial home,
and was seven months pregnant. It has further been
Patna High Court CR. MISC. No.29276 of 2026(2) dt.06-05-2026
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alleged that the deceased has been killed by the accused
persons.
4. Learned senior counsel for the petitioner submits that the
petitioner is mother-in-law of the deceased and she has
not committed any offence in the manner alleged. He next
submits that deceased has committed suicide and neither
external or internal injury nor signs of assault or force has
been found on the body of deceased in post-mortem
report. He further submits that viscera has been preserved
for FSL report.
5. I have heard learned counsel for the parties and have
perused the materials available on record.
6. From perusal of the impugned order, it appears that
within nine months of marriage the deceased died in her
matrimonial home. There is allegation of demand of
dowry and torture and just prior to the death of the
deceased on 07.08.2025 and there is close proximity of
time between the death of the deceased and torture/assault
to her for dowry. The nature of the death is not important
whether it is homicidal, suicidal or accidental, but the fact
is that deceased died an unnatural death within nine
months of her marriage in her matrimonial home. There is
Patna High Court CR. MISC. No.29276 of 2026(2) dt.06-05-2026
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presumption against the accused persons under Section
117 and 118 of the Bharatiya Sakshya Adhiniyam, 2023.
The petitioner is mother-in-law of the deceased and
allegation is of dowry death.
7. Considering the aforesaid and nature of allegation, I am
not inclined to grant the petitioner the privilege of
anticipatory bail.
8. This bail application is, accordingly, rejected.
(Anil Kumar Sinha, J)
ashwani/-
U T
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