Patna High Court
Vidyawati Devi @ Vidhawati DeviversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- RAJESH KUMAR VERMA
Holding
Bail was granted to the petitioner on the condition of a Rs.10,000 bond and compliance with the Court’s directions.
Summary
The petitioner, Vidyawati Devi, mother‑in‑law of the deceased, was arrested on 13‑08‑2025 in connection with a dowry‑death case (Sikraul P.S. Case No. 94 of 2025) under Sections 80(2), 82(1) and 3(5) of the Bihar Nat. Security Act, 2023. She applied for bail, contending that she has a clean antecedent and that the FIR contains no specific allegation of assault, overt act or dowry demand against her, merely a generic charge against all accused. The State, represented by the Additional Public Prosecutor, opposed the bail application. The Court examined the lack of specific incriminating material against the petitioner and her clean record, and concluded that bail could be granted subject to standard conditions. Accordingly, the Court ordered her release on bail of Rs.10,000 with two sureties and imposed conditions regarding cooperation with the trial, non‑tampering with evidence, and verification of antecedents.
Issues considered
- Whether bail should be granted to the petitioner accused under Sections 80(2), 82(1) and 3(5) of the Bihar Nat. Security Act, 2023 in a dowry‑death case despite the absence of specific allegations against her.
Subjects
- bail
- dowry death
- Bihar Nat. Security Act
- clean antecedent
- mother‑in‑law
- criminal procedure
- section 80
- section 82
- section 3
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.3083 of 2026
Arising Out of PS. Case No.-94 Year-2025 Thana- SIKRAUL District- Buxar
======================================================
Vidyawati Devi @ Vidhawati Devi W/o Late Triveni Pandey R/o vill - Diwan
Ke Badkagaon, P.S.- Sikraul, Distt.- Buxar
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr.Nagadeo Choubey, Advocate
For the Opposite Party/s : Mr.Shailendra Kumar, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE RAJESH KUMAR VERMA
ORAL ORDER
2 20-01-2026 Heard Mr.Nagadeo Choubey, learned counsel for
the petitioner and Mr.Shailendra Kumar, learned Additional
Public Prosecutor for the State.
2. The petitioner seeks bail, who is in custody since
13.08.2025 in connection with Sikraul P.S. Case No. 94 of 2025,
F.I.R. dated 13.08.2025 registered for the offence punishable
under Sections 80(2), 82(1), and 3(5) of BNS,2023.
3. Allegation against the petitioner is that she
alongwith other co-accused persons have in furtherance of their
common intention committed the dowry death of the sister of
the informant.
4. Learned counsel appearing for the petitioner
submits that the petitioner has clean antecedent. The allegation
as alleged in the FIR is false and fabricated and the petitioner
Patna High Court CR. MISC. No.3083 of 2026(2) dt.20-01-2026
2/3
has not committed any offence as alleged in the FIR. She has
been made accused in the present case merely on the ground
that she is mother-in-law of the deceased. It appears from the
FIR that although the petitioner is named in the FIR but there
is no specific allegation of any assault, overt-act or demand of
dowry attributed against the petitioner rather there is general
and omnibus allegation against all the accused persons including
the petitioner and informant is not the eye witness of the alleged
occurrence and the police, after investigation, submitted
chargesheet against the petitioner and the petitioner is in custody
since 13.08.2025.
5. Learned A.P.P. for the State has vehemently
opposed the prayer for bail of the petitioner.
6. Considering the aforesaid facts, petitioner has clean
antecedent, there is no specific allegation of any assault, overt-
act or demand of dowry attributed against the petitioner in the
FIR and petitioner is mother-in-law of the deceased, let the
petitioner, above named, 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 A.C.J.M.-1,
Buxar in connection with Sikraul P.S. Case No. 94 of 2025, with
the following conditions:-
Patna High Court CR. MISC. No.3083 of 2026(2) dt.20-01-2026
3/3
(I) Petitioner shall co-operate in the trial and shall be
properly represented on each and every date fixed by the Court
and shall remain physically present as directed by the Court and
on his/her absence on two consecutive dates without sufficient
reason, his/her bail bond shall be cancelled by the Court below.
(II) If the petitioner tampers with the evidence or the
witnesses, in that case, the prosecution will be at liberty to move
for cancellation of bail.
(III) And, further condition that the court below shall
verify the criminal antecedent of the petitioner and in case at
any stage, it is found that the petitioner has concealed his
criminal antecedent, the court below shall take step for
cancellation of bail bond of the petitioner. However, the
acceptance of bail bonds in terms of the above-mentioned order
shall not be delayed for purpose of or in the name of
verification.
(Rajesh Kumar Verma, J)
Nitesh/-
U T
Checking your session…