Patna High Court
Yasoda DeviversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- RAJESH KUMAR VERMA
Holding
The Court granted bail to the petitioners subject to strict conditions.
Summary
Yasoda Devi and Kopal Das, the mother‑in‑law and father‑in‑law of a deceased woman, were arrested on 19‑08‑2025 in connection with a dowry‑death case (FIR dated 18‑08‑2025) under Sections 80 and 3(5) of the B.N.S. They sought bail, claiming clean antecedents and that the FIR contained only vague, omnibus allegations without any specific act or demand of dowry attributed to them. The State opposed bail, asserting that the petitioners, along with co‑accused, had committed the offence. The Court examined the lack of eye‑witness testimony and the petitioners' alleged false implication, and considered the statutory presumption under the cited sections. It ordered that bail be granted on a bond of Rs.10,000 with two sureties, subject to conditions of cooperation, non‑tampering with evidence, and verification of criminal antecedents. The bail order was directed to be implemented by the Additional District Judge‑XI, Bhagalpur.
Issues considered
- Whether bail should be granted to the accused under Sections 80 and 3(5) of the B.N.S. in a dowry‑death case.
- Whether the allegations in the FIR constitute sufficient ground to deny bail.
Legislation cited
- B.N.S. — s. 3(5), 80
Subjects
- dowry death
- bail
- Sections 80
- Section 3(5)
- B.N.S.
- false implication
- criminal antecedent
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.4078 of 2026
Arising Out of PS. Case No.-378 Year-2025 Thana- PIRPAINTI District- Bhagalpur
======================================================
1. Yasoda Devi Wife of Kopal Das @ Kopal Ravidas Residents of village-
Kunjbanna, P.S. -Pirpaiti,District- Bhagalpur.
2. Kopal Das @ Kopal Ravidas Son of Late Mahavir Das Residents of village-
Kunjbanna, P.S. -Pirpaiti,District- Bhagalpur.
... ... Petitioner/s
Versus
The State of Bihar bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Ajit Kumar Singh, Advocate
For the State : Mr. Dr. Ajeet Kumar, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE RAJESH KUMAR VERMA
ORAL ORDER
2 28-01-2026 Heard Mr. Ajit Kumar Singh, learned counsel for the
petitioners and Mr. Dr. Ajeet Kumar, learned APP for the State.
2. Petitioners seek bail, who are in custody since
19.08.2025, in connection with Sessions Trial No. 26 of 2026
arising out of Pirpaiti P.S. Case No. 378 of 2025, F.I.R. dated
18.08.2025 registered for the offences punishable under Sections
80, 3(5) of the B.N.S.
3. Allegation against the petitioners is of committing
torture and caused death due to non-fulfillment of demand of
dowry.
4. Learned counsel for the petitioners submits that the
petitioners have clean antecedents and they have been falsely
implicated in the present case. He further submits that the
Patna High Court CR. MISC. No.4078 of 2026(2) dt.28-01-2026
2/3
petitioners have been made accused merely on the ground that
they are mother-in-law and father-in-law of the deceased.
Although the petitioners are named in the F.I.R. but from perusal
of the F.I.R. it appears that the informant is not an eye witness of
the alleged occurrence and there is no specific allegation of any
assault or overt act or demand of dowry attributed against the
petitioners rather there is general and omnibus allegation against
the petitioners including the petitioners and the son of the
petitioners who happens to be usband of the decesed is in judicial
custody since 19.08.2025. He further submits that the police after
investigation submitted chargesheet against the petitioners and the
petitioners are in custody since 19.08.2025.
5. Learned Additional Public Prosecutor for the State
has vehemently opposed the prayer for bail of the petitioners and
submits that petitioners along with other co-accused persons have
committed the crime in question.
6. Considering the facts and circumstances of the case,
let the petitioners, above named, be released on bail on furnishing
bail bond of Rs. 10,000/- (Rupees Ten Thousand) each with two
sureties of the like amount each to the satisfaction of learned
Additional District Judge-XI, Bhagalpur in connection with
Sessions Trial No. 26 of 2026 arising out of Pirpaiti P.S. Case No.
378 of 2025, subject to the following conditions :-
Patna High Court CR. MISC. No.4078 of 2026(2) dt.28-01-2026
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(1) Petitioners 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
their absence on two consecutive dates without sufficient reason,
their bail bonds shall be cancelled by the Court below.
(2) If the petitioners tamper with the evidence or the
witness, in that case, the prosecution will be at liberty to move for
cancellation of bail.
(3) And, further condition that the court below shall
verify the criminal antecedent of the petitioners and in case at any
stage, it is found that the petitioners have concealed their criminal
antecedents, the court below shall take step for cancellation of bail
bond of the petitioners. 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)
Ibrar//-
U T
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