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Patna High Court

Vidyawati Devi @ Vidhawati DeviversusThe State of Bihar

Decided
Disposal
BAIL GRANTED

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


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