Patna High Court
Lalpari Devi @ Raj Pari DeviversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- RAJESH KUMAR VERMA
Holding
The court held that bail must be granted as the FIR contains no specific allegation against the petitioner and therefore detention is not justified.
Summary
Lalpari Devi, mother‑in‑law of a deceased woman, was arrested in connection with a dowry‑related murder case (PS Case No. 175 of 2025) and charged under Sections 80 and 3(5) of the B.N.S., 2023 and Sections 3 and 4 of the Dowry Prohibition Act. She applied for bail, contending that she has a clean antecedent and that the FIR is fabricated, noting that the FIR contains only a generic allegation against all accused and no specific charge of assault, overt act or dowry demand against her. The prosecution opposed bail. The court observed that the lack of a specific allegation against the petitioner precludes continued detention and therefore granted bail on a bond of Rs. 10,000 with two sureties, subject to conditions of cooperation, presence in court, non‑tampering with evidence, and verification of criminal antecedent. The order directs that bail may be cancelled if conditions are breached.
Issues considered
- Whether the petitioner is entitled to bail despite being named in a dowry‑death case under Sections 80, 3(5) of the B.N.S., 2023 and Sections 3, 4 of the Dowry Prohibition Act.
- Whether a generic, omnibus allegation in the FIR suffices to justify denial of bail.
- Whether the petitioner’s alleged lack of specific involvement in the alleged dowry demand or assault warrants release on bail.
Legislation cited
- B.N.S., 2023 — s. 3(5), 80
- Dowry Prohibition Act — s. 3, 4
Subjects
- bail
- dowry death
- dowry prohibition
- omnibus allegation
- criminal procedure
- Section 80 B.N.S.
- Section 3(5) B.N.S.
- Section 3 Dowry Act
- Section 4 Dowry Act
- false FIR
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.3792 of 2026
Arising Out of PS. Case No.-175 Year-2025 Thana- DULHIN BAZAR District- Patna
======================================================
Lalpari Devi @ Raj Pari Devi W/O Ramanand Yadav R/O Vill.- Pansari, P.S.-
Dulhin Bazar, Dist.- Patna, Bihar.
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Siddhartha Prasad, Advocate
For the Opposite Party/s : Mr. Jharkhandi Upadhyay, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE RAJESH KUMAR VERMA
ORAL ORDER
2 27-01-2026 Heard Mr. Siddhartha Prasad, learned counsel for the
petitioner and Mr. Jharkhandi Upadhyay, learned APP for the
State.
2. The petitioner seeks bail, who is in custody since
12.08.2025 in connection with Dulhin Bazar P.S. Case No. 175
of 2025, F.I.R. dated 18.07.2025 for the offences punishable
under Sections 80, 3(5) of the B.N.S., 2023 and u/s 3 and 4 of
the Dowry Prohibition Act.
3. According to prosecution case, petitioner and other
accused persons are alleged to have killed the daughter of the
informant due to non-fulfillment of demand of one motorcycle
as dowry.
4. Learned counsel for the petitioner submits that
petitioner has clean antecedent and she has falsely been
Patna High Court CR. MISC. No.3792 of 2026(2) dt.27-01-2026
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implicated in the present case. The allegation as alleged in the
FIR is false and fabricated and the petitioner has not committed
any offence as alleged in the FIR. It appears from the FIR itself
that the FIR has been instituted after the postmortem conducted.
From a bare perusal of the FIR, it appears that there is no
specific allegation of any assault, overt act or demand of dowry
attributed against the petitioner rather there is general and
omnibus allegation against all the accused persons including the
petitioner and the petitioner has been made accused in the
present case merely on the ground that she is mother-in-law of
the deceased and the police after investigation, submitted
chargesheet against the petitioner and she is in custody since
12.08.2025.
5. Learned APP has vehemently opposed the prayer
for bail of the petitioner.
6. Considering the aforesaid facts and circumstances
of the case and also the fact that there is no specific allegation of
any assault, overt act or demand of dowry rather there is general
and omnibus allegation attributed against all the accused
persons including the petitioner, let the petitioner, above named,
be released on bail on furnishing bail bond of Rs. 10,000/- (Ten
Thousand) with two sureties of the like amount each to the
Patna High Court CR. MISC. No.3792 of 2026(2) dt.27-01-2026
3/3
satisfaction of the learned J.M.F.C., Danapur, Patna in
connection with Dulhin Bazar P.S. Case No. 175 of 2025, with
the following conditions:
i. Petitioner shall co-operate in the trial and shall be
properly represented on each and every date fixed by the court
and shall remain physically present as directed by the court and
on her absence on two consecutive dates without sufficient
reason, his/her bail bond shall be cancelled by the Court below.
ii. If the petitioner tampers with the evidence or the
witnesses, in that case, the prosecution will be at liberty to move
for cancellation of bail.
iii. And further condition that the court below shall
verify the criminal antecedent of the petitioner and in case at
any stage it is found that the petitioner has concealed her
criminal antecedent, the court below shall take step for
cancellation of bail bond of the petitioner. However, the
acceptance of bail bonds in terms of the above-mentioned order
shall not be delayed for purpose of or in the name of
verification.
(Rajesh Kumar Verma, J)
Ranjeet/-
U T
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