Patna High Court
Bhagamani DeviversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- CHANDRA SHEKHAR JHA
Holding
Bail was granted to the petitioner.
Summary
Bhagamani Devi was arrested in connection with a dowry death case (Section 304‑B IPC) alleging her involvement in the death of an informant's daughter over a buffalo demand. The petitioner argued that the allegation was based solely on suspicion, that the informant was not an eye‑witness, and that she lived separately with a clean antecedent, claiming the death was a suicide. The prosecution countered that post‑mortem findings showed cervical fractures, indicating homicide, and noted that co‑accused had been convicted with an appeal pending. The court considered the bail application under Section 438(2) CrPC and Section 482(2) BNSS 2023, weighing the petitioner’s clean record against the seriousness of the charge. It granted bail on a bond of Rs.10,000 with two sureties and directed the trial court to expedite the trial.
Issues considered
- Whether bail should be granted to the accused in a Section 304‑B dowry death case pending trial
- Whether the evidence on record establishes a prima facie case sufficient to deny bail
- Application of Section 438(2) CrPC and Section 482(2) BNSS 2023 in granting bail
Legislation cited
- Bhartiya Nagrik Suraksha Sanhita, 2023 — s. 482(2)
- Code of Criminal Procedure — s. 438(2)
- Indian Penal Code — s. 304-B
Subjects
- bail
- dowry death
- Section 304B
- suspicion
- postmortem
- CrPC 438
- BNSS 482
- Indian Penal Code
- criminal procedure
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.35189 of 2024
Arising Out of PS. Case No.-61 Year-2024 Thana- DURGAWATI District- Kaimur (Bhabua)
======================================================
Bhagamani Devi, W/o Haricharan Singh, R/o village-Akodhi Mela, P.S. -
Durgawati, Distt. - Kaimur at Bhabua
... ... Petitioner
Versus
The State of Bihar
... ... Opposite Party
======================================================
Appearance :
For the Petitioner : Mr. Rajani Kant Pandey, Advocate
For the State : Mr. Ram Anurag Singh, APP
For the Informant : Md. Ashhar Mustafa, Advocate
======================================================
CORAM: HONOURABLE MR. JUSTICE CHANDRA SHEKHAR JHA
ORAL ORDER
3 29-01-2026 Heard learned counsel for the petitioner and learned
Additional Public Prosecutor for the State duly assisted by
learned counsel appearing for the informant.
2. The accused/petitioner is named in the FIR and
apprehending her arrest in connection with Durgawati P.S.
Case No.61 of 2024 registered under Section 304-B of the
Indian Penal Code.
3. As per FIR, the petitioner along with other co-
accused persons caused death of daughter of informant due
to non-fulfilment of demand of a buffalo.
4. It is submitted by learned counsel appearing for
petitioner that the allegation is completely founded upon
suspicion as admittedly the informant is not the eye witness
Patna High Court CR. MISC. No.35189 of 2024(3) dt.29-01-2026
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of the occurrence. It is pointed out that petitioner being
mother-in-law living separately, having no connection
otherwise with their daily and domestic affairs. It is pointed
out that the daughter of informant was a short tampered lady
and out of her temperament, she committed suicide when
some altercation took place with her husband. While
concluding argument, it is submitted that petitioner is a lady
of clean antecedent.
5. Learned APP has opposed the prayer of bail.
6. Mr. Ashhar Mustafa, learned counsel appearing
for informant while opposing the prayer of bail submitted that
apparently it is not a case of suicide as claimed rather upon
postmortem, three fracture injuries were found on cervical
and hyoid bone. It is submitted that there is nothing in
support of submission that the petitioner was living separately
except averment on affidavit. It is also pointed out that the
co-accused persons i.e. husband and father-in-law after
facing trial, were convicted by the learned trial court for
which, an appeal is pending before the Division Bench of this
Court.
Patna High Court CR. MISC. No.35189 of 2024(3) dt.29-01-2026
3/3
7. In view of the above-mentioned facts and
circumstances and by taking note of fact as petitioner is a lady
of clean antecedent and claimed to live separately,
accordingly, the petitioner, above-named, in the event of her
arrest or surrender in the court below within a period of four
weeks, is directed to be released on bail 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 S.D.J.M., Kaimur at Bhabua in connection with
Durgawati P.S. Case No.61 of 2024, subject to the conditions
as laid down under Section 438(2) of the Code of Criminal
Procedure (in short ‘CrPC’)/under Section 482(2) of the
Bhartiya Nagrik Suraksha Sanhita, 2023 (in short ‘BNSS’).
8. Learned Trial court is directed to conclude the
trial expeditiously.
(Chandra Shekhar Jha, J.)
Sanjeet/-
U T
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