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Patna High Court

Uga DeviversusThe State of Bihar

Decided
Disposal
ALLOWED

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

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
Patna High Court CR. MISC. No.48535 of 2025(4) dt.21-01-2026
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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
             Patna High Court CR. MISC. No.48535 of 2025(4) dt.21-01-2026
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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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