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Patna High Court

Asha DeviversusThe State of Bihar

Decided
Disposal
BAIL GRANTED

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

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
                                                          3/3




                        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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