Patna High Court
Uga DeviversusThe State of Bihar
- Decided
- Disposal
- ALLOWED
- Bench
- HARISH KUMAR
Holding
The Court granted pre‑arrest bail to the petitioner subject to a cash bond, sureties and conditions under Section 482(2) of the Bharatiya Nagrik Suraksha Sanhita, 2023.
Summary
Uga Devi, a 78‑year‑old woman, was implicated in a dowry‑related death of her daughter‑in‑law and faced arrest under Sections 80(2) and 3(5) of the Bharatiya Nyaya Sanhita, 2023. She applied for pre‑arrest bail, arguing that the FIR was lodged after the post‑mortem and cremation, that the investigation was still ongoing, and that she is an ailing senior citizen. The State opposed bail, contending that evidence, including an independent witness statement, suggested her possible complicity in the dowry harassment that led to the death. The Court examined the witness testimony, the petitioner’s age and health, and the lack of conclusive proof of her involvement. Considering these factors, the Court granted her bail subject to a bond of Rs 10,000 with two sureties and additional conditions under Section 482(2) of the Bharatiya Nagrik Suraksha Sanhita, 2023.
Issues considered
- Whether pre‑arrest bail should be granted to the petitioner under Sections 80(2) and 3(5) of the Bharatiya Nyaya Sanhita, 2023 in view of the alleged dowry‑death and the evidence on record.
- Whether the petitioner’s age, health and lack of direct evidence outweigh the presumption of culpability in a dowry‑death case.
Legislation cited
- Bharatiya Nagrik Suraksha Sanhita, 2023 — s. 482(2)
- Bharatiya Nyaya Sanhita, 2023 — s. 3(5), 80(2)
Subjects
- dowry death
- pre‑arrest bail
- elderly accused
- Bharatiya Nyaya Sanhita
- Bharatiya Nagrik Suraksha Sanhita
- Section 80
- Section 3
- Section 482
- criminal procedure
- bail conditions
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.48535 of 2025
Arising Out of PS. Case No.-133 Year-2024 Thana- NAYA RAM NAGAR District- Munger
======================================================
Uga Devi W/o- Late Medi Prasad @ Late Medni Yadav @ Medani Prasad
Yadav Village- Warish Tola New Ramnagar PS- Munger, Dist- Munger
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Prem Kumar Paswan, Adv.
For the Opposite Party/s : Mr. Rana Randhir Singh, Adv.
======================================================
CORAM: HONOURABLE MR. JUSTICE HARISH KUMAR
ORAL ORDER
4 21-01-2026 Heard learned Advocate appearing on behalf of the
petitioner and the learned Additional Public Prosecutor for the
State.
2. The petitioner apprehends her arrest in connection
with Nyaram Nagar P.S. Case No. 133 of 2024, registered for
the offences punishable under Sections 80(2) and 3(5) of the
Bharatiya Nyaya Sanhita, 2023.
3. The marriage of the sister of the informant was
solemnized with the son of the petitioner in the year 2019. For
few years the deceased was kept properly in her matrimonial
home and she also blessed with a son, but later on, the husband
of the deceased started demanding dowry and on account of
non-fulfillment of the same, she was tortured in various ways. It
is alleged that the entire atrocities meted out to the deceased
were also supported by the petitioner, who happens to be
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mother-in-law of the deceased.
4. Learned Advocate appearing on behalf of the
petitioner submitted that it is surprising that the FIR has been
instituted after post-mortem and the cremation of the deceased,
although the informant and his family were acquainted with the
factum of demand of dowry and torture meted out to her. The
husband has already taken into custody and so far the
investigation with regard to the petitioner is concerned, the same
is still going on. It is lastly contended that be that as it may, the
petitioner is an old ailing lady, aged about more than 78 years
and only on account of the misdeed of her son, facing threat of
incarceration.
5. On the other hand, learned Advocate for the State
vehemently opposed the pre-arrest bail application and
submitted at the Bar that till date, regarding the complicity of
the petitioner, the investigation is going on; moreover, one of
the independent witness whose statement has been recorded in
paragraph no. 34 has categorically stated that it is the husband
who used to torture and on the date of alleged occurrence, the
petitioner was residing with her daughter. The petitioner is said
to be a vegetable vendor. However, this fact cannot be ruled out
that the deceased was done to death within seven years of the
marriage and prior to the occurrence there was a demand of
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dowry and, as such, presumption of culpability goes against the
petitioner.
6. Having considered the submissions advanced by
learned Advocate for the respective parties and taking note of
the materials collected during the course of investigation,
specially the statement of independent witness, besides the fact
that the petitioner is a lady and a septuagenarian, let the
petitioner above named be released on bail, in the event of her
arrest or surrender before the court below within a period of four
weeks from the date of receipt/production of a copy of this
order, upon furnishing bail bonds of Rs.10,000/- (ten thousand)
with two sureties of the like amount each to the satisfaction of
the learned Sessions Judge, Munger in connection with
Nayaram Nagar P.S. Case No. 133 of 2024, subject to the
conditions laid down in Section 482(2) of the Bharatiya Nagrik
Suraksha Sanhita, 2023 with the further condition that one of
the bailors shall be the own/close family members of the
petitioner.
(Harish Kumar, J)
supratim/-
U T
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