Patna High Court
Jaya DeviversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- AJIT KUMAR
Holding
The court granted anticipatory bail to the petitioner, subject to strict conditions, recognizing her age, health, and the nature of the allegations.
Summary
Jaya Devi, a 75‑year‑old bedridden woman, was implicated in a dowry‑death case (Sections 304B, 201 and 34 IPC) based on general and omnibus allegations that she conspired with family members to cause the death of the informant’s daughter. She applied for anticipatory bail, asserting innocence, lack of criminal antecedents, and that co‑accused had already been granted bail and the husband of the deceased was acquitted. The State opposed the bail on the ground of the seriousness of the offences. The Court, considering her advanced age, health condition, and the nature of the allegations, ordered that she be released on bail if arrested or surrendered within six weeks, subject to a bond of Rs.10,000 with two sureties and specific conditions under Section 482(2) of the BNSS. The bail order also imposed obligations to appear before the trial court, refrain from tampering with evidence, and not commit further offences. The decision reflects the balance between the right to bail and the need to ensure the integrity of the trial process.
Issues considered
- Whether anticipatory bail should be granted to an elderly accused in a dowry‑death case where only general allegations are made.
- Whether the seriousness of offences under Sections 304B, 201 and 34 IPC warrants denial of bail.
- Whether the petitioner’s health, lack of criminal record, and precedent of bail to co‑accused justify granting bail.
Legislation cited
- Bihar Negotiable Security Act — s. 482(2)
- Indian Penal Code — s. 201, 304B, 34
Subjects
- anticipatory bail
- dowry death
- IPC 304B
- elderly accused
- bail conditions
- Criminal Procedure
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.33868 of 2026
Arising Out of PS. Case No.-114 Year-2022 Thana- DEWARIA District- Muzaffarpur
======================================================
Jaya Devi W/o Baidhanath Ram R/o village- Mohabbatpur, PS- Deoriya,
District- Muzaffarpur
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mrs. Bela Singh
For the Opposite Party/s : Dr. Kumar Uday Pratap
======================================================
CORAM: HONOURABLE MR. JUSTICE AJIT KUMAR
ORAL ORDER
2 20-05-2026 Heard learned counsel for the petitioner and
learned APP for the State.
2. The petitioner apprehends her arrest in
connection with Deoriya P.S. Case No.114 of 2022, dated
08.07.2022, registered for the offence punishable under Sections
304B, 201, 34 of the Indian Penal Code.
3. As per the FIR, the allegation against the
petitioner is that she, in conspiracy with the other family
members, caused the death of the daughter of the informant on
account of non-fulfillment of demand for dowry.
4. Learned counsel for the petitioner submits that
the petitioner is innocent and has been falsely implicated in this
case. It is submitted that the petitioner is the mother-in-law of
the deceased and only general and omnibus allegations have
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been levelled against her. It is further submitted that the
petitioner is about 75 years of age and is bedridden due to
various old-age ailments and is unable to move. Learned
counsel further submits that for similar allegations, other co-
accused persons have already been extended the privilege of
anticipatory bail. It is also submitted that the husband of the
deceased has already faced trial and has been acquitted. Lastly,
it is submitted that the petitioner has no criminal antecedents.
5. On the other hand, the learned APP for the State
has opposed the prayer for bail of the petitioner.
6. Considering the fact that the petitioner is an old-
aged lady and there are only general and omnibus allegations
against her, let the above named petitioner, be released on bail,
in the event of her arrest or surrender before the learned Court
below within a period of six weeks from today, on furnishing
bail bond of Rs. 10,000/- (Rupees Ten Thousand) with two
sureties of the like amount each to the satisfaction of the learned
Judicial Magistrate 1st Class, Muzaffarpur/Successor Court in
connection with Deoriya P.S. Case No.114 of 2022, subject to
the conditions as laid down under Section 482(2) of the BNSS
as well as the following conditions:
(i) One of the bailors should be the family
member/relative/known of the petitioner(s) who shall provide
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official document/ personal affidavit to show his/her bona fide;
(ii) the petitioner(s) shall appear on each and every
date before the Trial Court and failure to do so for two
consecutive dates without plausible reason will entail
cancellation of his/her/their bail bond by the Trial Court itself;
(iii) the petitioner(s) shall in no way try to induce or
promise or threat the witnesses or tamper with the evidences,
failing which the State shall be at liberty to take steps for
cancellation of the bail bonds;
(iv) the petitioner(s) shall desist from committing any
criminal offence again, failing which the State shall be at liberty
to take steps for cancellation of their bail bonds.
(Ajit Kumar, J)
shikha/-
U T
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