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Patna High Court

Motijhari DeviversusThe State of Bihar

Decided
Disposal
BAIL GRANTED

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

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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