Patna High Court
Rajo DeviversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- ANSUL
Holding
The Court granted bail to the petitioner, holding that she is not the principal accused, has no criminal antecedent, and has been in custody for an extended period.
Summary
Rajo Devi, the mother‑in‑law of a woman who was allegedly killed in a dowry‑related incident, was arrested in connection with offences under Sections 103(1), 80(2) and 3(5) of the Bharatiya Nyaya Sanhita, 2023 and Section 27 of the Arms Act, 1959. She applied for bail, contending that she has no criminal antecedent, has been in custody since 16‑09‑2025, and that the husband of the deceased – the principal accused – is already in judicial custody. The State and the informant opposed the bail. Considering that the petitioner is not the principal accused, has no prior record, and has been detained for a considerable period, the Court inclined to grant bail. The Court ordered her release on bail of Rs.10,000 with two sureties of the same amount, subject to conditions and the possibility of cancellation for unnecessary adjournments. The observations were limited to the bail application and not an opinion on the merits of the case.
Issues considered
- Whether bail should be granted to the petitioner under the Bharatiya Nyaya Sanhita and the Arms Act given the nature of the offences and the circumstances of her detention.
Legislation cited
- Arms Act, 1959 — s. 27
- Bharatiya Nyaya Sanhita, 2023 — s. 103(1), 3(5), 80(2)
Subjects
- bail
- dowry death
- Bharatiya Nyaya Sanhita
- Arms Act
- criminal procedure
- mother‑in‑law
- dowry demand
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.33825 of 2026
Arising Out of PS. Case No.-112 Year-2025 Thana- BARABAR TOURIST District-
Jehanabad
======================================================
Rajo Devi W/o Devendra Chaudhary R/o Village - Allahganj, P.S. -
Makhdumpur, Dist. - Jehanabad, Bihar, 804405.
... ... Petitioner/s
Versus
1. The State of Bihar
2. Niranjan Chaudhary S/o Vyas Chaudhary R/o Village and PS. - Koch, Dist. -
Gaya.
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Vikash Kumar, Adv.
For the State : Mr. Dr.Mrityunjaya Kr.Gautam, APP
For the Informant : Mr. Hari Kishore Thakur, Adv.
======================================================
CORAM: HONOURABLE MR. JUSTICE ANSUL
ORAL ORDER
3 24-06-2026 Heard learned counsel for the petitioner and learned
Additional Public Prosecutor for the State.
2. The petitioner seeks bail in Barabar Tourist P.S.
Case No. 112 of 2025, registered for offences under Sections
103(1), 80(2) and 3(5) of the Bharatiya Nyaya Sanhita, 2023 and
Section 27 of the Arms Act, 1959.
3. The allegation is that the sister of the informant was
married in the year 2023 to one Anoop Kumar. When the
informant reached the house of the petitioner upon receiving
information, he found his sister dead with a gunshot injury. He
has alleged demand of dowry and has named four persons
including the petitioner in the First Information Report.
Patna High Court CR. MISC. No.33825 of 2026(3) dt.24-06-2026
2/3
4. Learned counsel for the petitioner submits that the
petitioner is the mother-in-law of the deceased and that the
husband of the deceased is already in judicial custody. It is
further submitted that the petitioner has been in custody since
16.09.2025 and has no criminal antecedent.
5. Learned counsel for the informant as well as
learned Additional Public Prosecutor for the State has
vehemently opposed the prayer for bail.
6. Considering the totality of facts and circumstances,
particularly that the petitioner is the mother-in-law of the
deceased and not the principal accused, that the husband of the
deceased is already in custody, that the petitioner has been in
custody since 16.09.2025, and that she has no criminal
antecedent, this Court is inclined to grant bail to the petitioner.
7. Let the petitioner, above named, be released on bail
on furnishing bail bonds of Rs. 10,000/- (Ten Thousand) with
two sureties of the like amount each to the satisfaction of
learned District and Additional Sessions Judge-III, Jehanabad, in
connection with Barabar Tourist P.S. Case No. 112 of 2025.
8. It is made clear that any observation made herein is
prima facie in nature and limited solely to the purpose of
adjudication of the present bail application. Such observations
Patna High Court CR. MISC. No.33825 of 2026(3) dt.24-06-2026
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shall not be construed as an expression of opinion on the merits
of the case and shall not influence the trial or any other
proceedings in any manner.
9. Though the petitioner is being released on bail, the
prosecution shall be at liberty to apply for cancellation of bail if
the petitioner seeks and obtains unnecessary adjournments in the
course of the trial.
(Ansul, J)
Vikash/-
U T
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