Patna High Court
Motijhari DeviversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- SONI SHRIVASTAVA
Holding
The Court granted bail to the petitioner.
Summary
Motijhari Devi, the mother‑in‑law of a deceased woman, was arrested in connection with a homicide alleged under Sections 80 and 3(5) of the Bharatiya Nyaya Sanhita, 2023. She applied for bail, arguing that she had no direct involvement in any dowry demand or torture, was a senior citizen, and that the husband of the deceased was already in custody. The State opposed the bail. The Court considered the nature of the offence, the petitioner’s familial relationship, her age, and the fact that a co‑accused was already detained. Finding no specific allegation against her and noting humanitarian considerations, the Court ordered her release on bail upon furnishing a bond of Rs. 10,000 with two sureties. The bail order was directed to be implemented by the trial court handling the case.
Issues considered
- Whether bail should be granted to the petitioner under Sections 80 and 3(5) of the Bharatiya Nyaya Sanhita, 2023 in a homicide case.
- Whether the petitioner’s status as a senior citizen and mother‑in‑law, and the custody of a co‑accused, justify bail.
Legislation cited
- Bharatiya Nyaya Sanhita, 2023 — s. 3(5), 80
Subjects
- bail
- criminal procedure
- Bharatiya Nyaya Sanhita
- Section 80
- Section 3(5)
- senior citizen
- mother-in-law
- homicide
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.36312 of 2026
Arising Out of PS. Case No.-140 Year-2026 Thana- MANER District- Patna
======================================================
Motijhari Devi Wife of Chhedi Rai @ Chhedi Singh Resident of Village-
Sherpur, P.S.- Maner, District- Patna
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Dineshwar Pandey, ADvocate
For the Opposite Party/s : Mr. Jai Narain Thakur, APP
======================================================
CORAM: HONOURABLE JUSTICE SMT. SONI SHRIVASTAVA
ORAL ORDER
2 09-06-2026 Heard learned counsel for the petitioner and learned
APP for the State.
2. The petitioner seeks bail in a case registered for
the offence punishable under Sections 80 and 3(5) of the
Bharatiya Nyaya Sanhita, 2023.
3. As per the prosecution case, the petitioner in
association with other co-accused persons is said to have hanged
the sister of the informant to death.
4. It is submitted by learned counsel for the
petitioner that petitioner is the mother-in-law of the deceased
and there is no specific allegation against her of demand of
dowry or torture. She was staying separately from the deceased
and her husband. Further, the husband of the deceased is
primarily responsible for the welfare of the wife and he is
Patna High Court CR. MISC. No.36312 of 2026(2) dt.09-06-2026
2/2
already in custody as stated in para-4 of this application. The
petitioner is a lady and also senior citizen has been languishing
in custody since 16.02.2026.
5. Learned APP for the State opposed the bail
petition.
6. Taking into consideration the facts and
circumstances of the case and also considering the fact that
petitioner is the mother-in-law of the deceased and the husband
of the deceased is already in custody, the above named
petitioner is directed to be enlarged 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 Court
below where the case is pending/successor Court in connection
with Maner P.S. Case No.140 of 2026.
(Soni Shrivastava, J)
Trivedi/-
U T
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