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Patna High Court

Komli Devi @ Kamala Devi @ Kamali DeviversusThe State of Bihar

Decided
Disposal
ALLOWED

Holding

The Court held that the petitioner is entitled to bail as the allegations against her are general, she has no criminal antecedent, and the main thrust of the case is against the husband who is already in custody.

Summary

The petitioner, Komli Devi, was arrested in connection with a dowry‑related case (Section 80(2) of the B.N.S., 2023 and Section 3 of the Dowry Prohibition Act) after the death of her daughter‑in‑law, Bindu Kumari, who allegedly died due to cruelty over a dowry demand. The prosecution alleged that the petitioner was complicit in the dowry demand and the subsequent death. The petitioner contended that she is innocent, has no criminal antecedents, and that the primary accusation is against her son‑in‑law, who is already in custody. The State opposed bail, arguing the seriousness of the offences. The Court, after hearing both sides, observed that the allegations against the petitioner were general, that she is the mother‑in‑law of the deceased, and that there is no specific evidence linking her to the crime. Consequently, the Court granted bail on the condition of a Rs.10,000 bond and two sureties of equal amount. The order was directed to be complied with before the Additional Chief Judicial Magistrate of Jhanjharpur, Madhubani.

Issues considered

  • Whether the petitioner is entitled to bail under Section 80(2) of the B.N.S., 2023 and Section 3 of the Dowry Prohibition Act despite the seriousness of the alleged dowry‑death offence
  • Whether the evidence against the petitioner is sufficient to justify continued detention

Legislation cited

Subjects

  • bail
  • dowry death
  • Section 80(2) B.N.S.
  • Dowry Prohibition Act
  • criminal procedure
  • cruelty
  • judicial custody

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.37831 of 2026
                    Arising Out of PS. Case No.-57 Year-2026 Thana- PHULPARAS District- Madhubani
                 ======================================================
                 Komli Devi @ Kamala Devi @ Kamali Devi wife of Late Chandeshwar
                 Paswan R/V - Laksena, P.S - Phulparas, District - Madhubani

                                                                                 ... ... Petitioner/s
                                                      Versus
                 The State of Bihar

                                                        ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :      Mr. Sanjay Kumar Jha, Advocate.
                 For the Opposite Party/s :      Mr. Anil Kumar Singh No. 1, APP
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE ASHOK KUMAR PANDEY
                                       ORAL ORDER

2   17-06-2026                  Heard learned counsel for the petitioner and learned

                   APP for the State.

                                2. The petitioner has prayed for bail in connection

                   with Phulparas P.S. Case No. 57 of 2026 registered for the

                   offence punishable under Section 80(2) of the B.N.S., 2023 and

                   Section ¾ of the Dowry Prohibition Act.

                                3. The case of the prosecution, in short, is that one

                   Bindu Kumari (deceased) was married to Rohit Kumar Paswan.

                   It is alleged that she was subjected to cruelty on account of non-

                   fulfillment of dowry demand of Rupees Two lakhs. It is further

                   alleged that on 19.02.2026, the informant came to know that his

                   daughter has been killed by the in-laws.

                                4. Learned counsel appearing on behalf of the

                   petitioner has submitted that petitioner is innocent and has
           Patna High Court CR. MISC. No.37831 of 2026(2) dt.17-06-2026
                                                       2/2




                     committed no offence. She has been falsely implicated in this

                     case. He also submits that the petitioner is mother-in-law of the

                     deceased. The nature of allegation is general and omnibus and

                     the main thrust of allegation is against the husband who is

                     already in custody. He further submits that a statement has been

                     made in para 3 of the petition that petitioner has no criminal

                     antecedent and she is languishing in judicial custody since

                     20.02.2026.

                                  5. The application for bail is opposed by learned APP

                     for the State.

                                  6. Having heard learned counsel for the parties and

                     considering the facts and circumstances of the case, this Court is

                     inclined to enlarge the petitioner on bail. The above named

                     petitioner is directed to be enlarged on bail on furnishing bail

                     bond of Rs. 10,000/- (Rs. ten thousand only) with two sureties

                     of the like amount each to the satisfaction of the learned

                     A.C.J.M.-II, Jhanjharpur, Madhubani in connection with

                     Phulparas P.S. Case No. 57 of 2026.



                                                    (Ashok Kumar Pandey, J)
Sudhanshu/-

U      T


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