Patna High Court
Komli Devi @ Kamala Devi @ Kamali DeviversusThe State of Bihar
- Decided
- Disposal
- ALLOWED
- Bench
- ASHOK KUMAR PANDEY
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
- B.N.S., 2023 — s. 80(2)
- Dowry Prohibition Act — s. 3
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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