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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

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
                                            3/3




           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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