Patna High Court
Radhika DeviversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- NAWNEET KUMAR PANDEY
Holding
The court granted regular bail to the petitioners.
Summary
The petitioners, the mother‑in‑law and father‑in‑law of a deceased woman, were arrested in a dowry‑death case under Sections 304B and 34 of the IPC. The prosecution alleged that the daughter‑in‑law was killed by her husband and in‑laws for non‑payment of a Rs.2 lakh dowry demand. The petitioners contended they were falsely implicated, had clean antecedents, and that the post‑mortem report showed no external injuries on the victim. The court examined these facts and, noting the lack of external injuries and the petitioners’ cooperation, ordered that they be released on regular bail upon furnishing a bond of Rs.10,000 each with two sureties. The bail was conditioned on their cooperation with the trial and availability when required by the court.
Issues considered
- Whether regular bail should be granted to accused persons in a dowry‑death case under Sections 304B and 34 of the IPC.
Legislation cited
- Indian Penal Code — s. 304B, 34
Subjects
- dowry death
- IPC 304B
- Section 34
- regular bail
- criminal procedure
- post‑mortem report
- mother‑in‑law
- father‑in‑law
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.38883 of 2025
Arising Out of PS. Case No.-223 Year-2024 Thana- PIRO District- Bhojpur
======================================================
1. Radhika Devi W/O Baban Ram Resident of Village- Piro, Ward no. 08, P.S.-
Piro, District- Bhojpur
2. Baban Ram S/O Late Chhabila Ram Resident of Village- Piro, Ward no. 08,
P.S.- Piro, District- Bhojpur
... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Awadhesh Kumar Pandey
For the State : Md. Mushtaque Alam
======================================================
CORAM: HONOURABLE MR. JUSTICE NAWNEET KUMAR
PANDEY
ORAL ORDER
5 05-01-2026 Heard the learned counsel for the petitioners as well as
the learned Additional Public Prosecutor for the State.
2. The petitioners are seeking regular bail in connection
with S.Tr. No. 132 of 2025 arising out of Piro P.S. Case No. 223 of
2024, registered for the offences punishable under Sections
304(B)/34 of the IPC.
3. As per the prosecution case, informant’s daughter was
assaulted and killed by her husband and in-laws for non-fulfillment
of demand of dowry of Rs. 2 lakh.
4. The learned counsel for the petitioners has submitted
that the petitioners are innocent and have falsely been implicated in
this case. He has further submitted that petitioner no. 1 is mother-in-
law and petitioner no. 2 is father-in-law of the deceased and after
solemnization of marriage, the deceased and her husband were living
Patna High Court CR. MISC. No.38883 of 2025(5) dt.05-01-2026
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separately from the petitioners. It has further been submitted that
according to allegation, prior to her death, the victim was assaulted
but as per postmortem report, no external injury was found on the
person of the deceased. He has also submitted that the petitioners are
persons of clean antecedents and are under custody since 22.11.2024.
5. On the other hand, the learned APP for the State has
opposed the prayer for bail.
6. The petitioners are mother-in-law and father-in-law of
the deceased and as per postmortem report, no external injury was
found on the dead body. Only nasal bleeding was there.
7. Considering the above-mentioned facts and
circumstances, let the petitioners above-named, are directed to
furnish bail bond and on doing so, the court below shall release the
petitioners on bail on furnishing bail bonds of Rs.10,000/- each with
two sureties of the like amount each to the satisfaction of learned
Additional Sessions Judge-X, Bhojpur at Ara in connection with
S.Tr. No. 132 of 2025 arising out of Piro P.S. Case No. 223 of 2024,
subject to the following conditions that the petitioners shall
cooperate in the disposal of trial and make themselves available as
and when required by the court.
(Nawneet Kumar Pandey, J)
priyanka/-
U T
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