Patna High Court
Geeta DeviversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- RAJESH KUMAR VERMA
Holding
The court granted bail to the petitioner, subject to specified conditions.
Summary
The petitioner, Geeta Devi, was arrested on 14 September 2025 in connection with a dowry‑related homicide alleged under Sections 80 and 3(5) of the BNS, 2023. The prosecution alleges that she, along with others, killed the informant’s daughter for non‑payment of dowry, while the defence contends she has a clean record and was falsely implicated by the mother‑in‑law after the post‑mortem and funeral rites. The court noted that the FIR was lodged after the post‑mortem, there was no specific allegation of assault or dowry demand against the petitioner, and she had no prior criminal antecedent. Considering these circumstances, the court ordered her release on bail with a bond of Rs.10,000 and two sureties, subject to conditions of cooperation, appearance, non‑tampering with evidence, and verification of antecedents. The bail order was made by Justice Rajesh Kumar Verma of the Patna High Court.
Issues considered
- Whether bail should be granted to the petitioner under Sections 80 and 3(5) of the BNS, 2023 given the nature of the alleged offence.
- Whether the petitioner’s clean antecedent and the timing of the FIR justify bail despite the seriousness of the charge.
Legislation cited
- BNS, 2023 — s. 3(5), 80
Subjects
- bail
- dowry death
- false implication
- clean antecedent
- Section 80 BNS 2023
- Section 3(5) BNS 2023
- Patna High Court
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.3900 of 2026
Arising Out of PS. Case No.-114 Year-2025 Thana- Pothia District- Katihar
======================================================
Geeta Devi Son of Dukhan Mandal R/o Village - Bhangha, Ward no. 1, P.S. -
Pothia, Dist. - Katihar, Pin - 854114.
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Anshuman Jaipuriyar, Advocate
For the Opposite Party/s : Mr. Rajendra Prasad Nat, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE RAJESH KUMAR VERMA
ORAL ORDER
2 28-01-2026 Heard Mr. Anshuman Jaipuriyar, learned counsel for
the petitioner and Mr. Rajendra Prasad Nat, learned Additional
Public Prosecutor for the State.
2. Petitioner seeks bail who is in custody since
14.09.2025 in connection with Pothia P.S. Case No. 114 of
2025, F.I.R. dated 13.09.2025 for the offences punishable under
Sections 80 and 3(5) of the BNS, 2023.
3. According to prosecution case, this petitioner along
with other accused persons have killed the daughter of the
informant due to non-fulfillment of demand of dowry.
4. Learned counsel for the petitioner submits that
petitioner has clean antecedent and she has falsely been
implicated in the present case. It appears from the F.I.R itself
that the informant has lodged the present case after the
Patna High Court CR. MISC. No.3900 of 2026(2) dt.28-01-2026
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postmortem has been conducted and after the last rituals
performed. It also appears from the F.I.R that the informant was
present at the time of deceased's last rituals and she has filed the
present F.I.R only to falsely implicate the petitioner because she
is mother-in-law of the deceased. He further submits that the
police after investigation submitted the charge sheet against the
petitioner. The petitioner is in custody since 14.09.2025.
5. Learned Additional Public Prosecutor has
vehemently opposed the prayer for bail of the petitioner.
6. Considering the aforesaid facts and circumstances
that the petitioner has clean antecedent, F.I.R has been instituted
after conducting postmortem and there is no specific allegation
of assault, overt act or demand of dowry against this 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 satisfaction of the learned CJM,
Katihar in connection with Pothia P.S. Case No. 114 of 2025,
subject to 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
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reason, 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)
Vanisha/-
U T
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