Patna High Court
Shakuntala Devi @ Shkuntala DeviversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- SANDEEP KUMAR
Holding
The court held that the death appears to be a suicide and therefore granted bail to the petitioners.
Summary
Shakuntala Devi and Pramod Singh, the father‑in‑law and mother‑in‑law of a deceased woman, filed a bail application fearing arrest in a case alleging murder and dowry offences. The prosecution alleged they killed the deceased, charging them under Sections 80(2), 103(1), 3(5) of the Bihar Narcotic Substances Act, 2023 and Sections 3 and 4 of the Dowry Prohibition Act. The petitioners contended that the woman had committed suicide after a marital dispute, that there were no external injuries indicating homicide, and that the husband was already in custody while they were caring for the child. The informant opposed the bail. The court, accepting the suicide claim and noting the petitioners’ custodial care of the child, granted bail subject to a bond of Rs. 10,000 with two sureties and conditions under CrPC Section 438(2) and BNSS Section 482.
Issues considered
- Whether the death of the deceased can be presumed a suicide for the purpose of granting bail to the petitioners.
- Whether the petitioners are likely to flee or tamper with evidence in the murder and dowry offence case.
- Whether bail can be granted under CrPC Section 438(2) and BNSS Section 482 despite serious charges.
Legislation cited
- Bihar Narcotic Substances Act, 2023 — s. 103(1), 3(5), 482, 80(2)
- Criminal Procedure Code — s. 438(2)
- Dowry Prohibition Act, 1961 — s. 3, 4
Subjects
- bail
- suicide
- dowry death
- murder
- Criminal Procedure Code
- presumption of innocence
- Bihar Narcotic Substances Act
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.38206 of 2026
Arising Out of PS. Case No.-57 Year-2026 Thana- KUTUMBA District- Aurangabad
======================================================
1. Shakuntala Devi @ Shkuntala Devi Wife of Sri Pramod Singh Resident of
village- Ibrahimpur P.S- Kutumba, Dist- Aurangabad
2. Pramod Singh @ Parmod Singh Son of Yugeshwar Singh Resident of
village- Ibrahimpur P.S- Kutumba, Dist- Aurangabad
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. P.N. Shahi, Sr. Adv.
Mr.Amish Kumar No I
For the Opposite Party/s : Mr.Madhuri Lata
For the Informant : Mrs. Lilawati Kumari
======================================================
CORAM: HONOURABLE MR. JUSTICE SANDEEP KUMAR
ORAL ORDER
3 22-06-2026 Heard the parties.
2. The petitioners apprehend their arrest in
connection with Kutumba P.S. Case No. 57 of 2026 registered
for the offence under Sections 80(2), 103(1), 3(5) of the BNS,
2023 and under Section 3,4 of the Dowry Prohibition Act.
3. As per the prosecution case, the petitioners are
the father-in-law and mother-in-law of the deceased and they are
said to have killed the deceased.
4. It has been submitted by the learned senior
counsel for the petitioners submits that the petitioners are
innocent and they have falsely been implicated in this case. He
further submits that the deceased, after having some dispute
with her husband has committed suicide and there is no external
injury on the body of the deceased which shows that the
deceased has committed suicide. He also submits that the
Patna High Court CR. MISC. No.38206 of 2026(3) dt.22-06-2026
2/2
deceased and her husband had one child also who is staying
with the petitioner who are taking care of the child and in
support of the same, a supplementary affidavit has also been
filed. He also submits that the husband of the deceased is
already in custody.
5. Learned counsel for the informant has
vehemently opposed the application of the petitioners.
6. Considering the fact that the deceased has
committed suicide and also considering the fact that the sole
child of the deceased is being looked after by the petitioners,
this application is allowed.
7. Let the petitioners, above named, in the event of
their arrest or surrender before the concerned Court below
within four weeks from today, be released on bail on furnishing
bail bond of Rs. 10,000/- (Ten Thousand) with two sureties of
the like amount each to the satisfaction of the concerned Court
below in connection with Kutumba P.S. Case No. 57 of 2026,
subject to the conditions laid down in Section 438(2) of the
Code of Criminal Procedure, 1973 / Section 482 of the BNSS.
(Sandeep Kumar, J)
Vikas/-
U
Checking your session…
Lawyer court records for this case
Associated through the court’s case reference.