Patna High Court
Asha DeviversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- CHANDRA SHEKHAR JHA
Holding
The court granted bail to the petitioner, directing release upon furnishing the prescribed bond and sureties.
Summary
The petitioner, Asha Devi, was named in an FIR for alleged involvement in the death of an informant's sister, alleged to be a dowry‑related homicide under Sections 80 and 3(5) of the BNS. The petitioner argued that the marriage between the deceased and her son had occurred nine years earlier, that she lived separately as a mother‑in‑law, and that there was no evidence of assault or bodily injury, indicating a lack of culpability. The prosecution could not refute the claim that the alleged incident happened long after the marriage. Considering the petitioner’s clean antecedent and the circumstances, the court directed that she be released on bail upon furnishing a bond of Rs.10,000 with two sureties, subject to conditions under Section 482(2) of the BNSS. The order effectively granted bail pending further trial.
Issues considered
- Whether the petitioner is liable under Sections 80 and 3(5) of the BNS for the alleged dowry‑related death.
- Whether bail should be granted to the petitioner under Section 482(2) of the BNSS.
Legislation cited
- Bihar Negotiable Sale (BNS) — s. 3(5), 80
- Bihar Negotiable Sale (BNSS) — s. 482(2)
Subjects
- bail
- dowry death
- Section 80 BNS
- Section 3(5) BNS
- Section 482(2) BNSS
- clean antecedent
- domestic relations
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.36780 of 2026
Arising Out of PS. Case No.-421 Year-2025 Thana- DARIYAPUR District- Saran
======================================================
Asha Devi S/o Late Tejan Sah R/o Village - Samanchak Bajahiya, P.S. -
Dariyapur, District - Saran.
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Ravi Prakash
For the Opposite Party/s : Mr. Kumar Ranjit Ranjan
======================================================
CORAM: HONOURABLE MR. JUSTICE CHANDRA SHEKHAR JHA
ORAL ORDER
2 17-06-2026 Heard the parties.
2. The petitioner is named in the F.I.R. and
apprehending her arrest in connection with Dariyapur P.S.
Case No. 421 of 2025 registered for the offences punishable
under Sections 80 and 3(5) of BNS.
3. As per FIR alongwith co-accused person/ family
members alleged to cause death of the sister of the
informant due to non-fulfillment of demand of dowry.
4. It is submitted by learned counsel appearing on
behalf of the petitioner that FIR categorically speaks that the
marriage of sister of informant with son of the petitioner was
solemnized nine years before the occurrence, therefore, this
Patna High Court CR. MISC. No.36780 of 2026(2) dt.17-06-2026
2/3
case was wrongly instituted under Section 80 of BNS. It is
submitted that the relationship of sister of the informant was
not cordial with the son of the petitioner which was the
reason of suicide. It is submitted that petitioner being
mother-in-law was living separately in the same house and
was not connected in any manner with daily and domestic
affair of deceased and her husband.
5. Arguing further, it is submitted that upon post-
mortem no bodily injury was found which is sufficient to
suggest that deceased was not assaulted soon before the
death. It is also submitted that cause of death was not
opined and for same the FSL was reserved the finding of
which is still awaiting. Petitioner claimed clean antecedent.
6. Learned APP while opposing the prayer of bail
could not disputed the submission that the alleged
occurrence took place after nine years of the marriage in
term of FIR.
7. In view of aforesaid factual submission and by
taking note of fact as alleged occurrence took place after
nine years of the marriage, where petitioner being mother-
Patna High Court CR. MISC. No.36780 of 2026(2) dt.17-06-2026
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in-law claims living separately, accordingly petitioner above-
named who is a lady of clean antecedent, in the event of her
arrest or surrender before the court below within a period of
four weeks, is directed to be released on bail, furnishing bail
bond of Rs. 10,000/- (Rupees Ten Thousand) with two
sureties of the like amount each to the satisfaction of the
learned JMFC, Saran at Chapra /concerned Court, where the
case is pending in connection with Dariyapur P.S. Case No.
421 of 2025, subject to the conditions as laid down under
Section 482(2) of BNSS.
(Chandra Shekhar Jha, J)
Sudha/-
U T
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