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Patna High Court

Manisha DeviversusThe State of Bihar

Decided
Disposal
BAIL GRANTED

Holding

The court held that, owing to the absence of substantive evidence linking the petitioners to the alleged dowry death and the presence of medical factors causing death, bail may be granted under the Bharatiya Nagrik Suraksha Sanhita.

Summary

Manisha Devi and Laxman Paswan applied for bail in a dowry‑death case (Sadar P.S. Case No. 269 of 2025) where they were alleged to have conspired to kill the informant's daughter for non‑payment of dowry. The prosecution alleged their involvement, while the defence argued that the deceased, who was nine months pregnant, died of severe anaemia and intra‑uterine foetal death, with only superficial bruises found on post‑mortem. The defence also contended that the primary accused – the deceased's husband and in‑laws – had already been arrested and that the petitioners were falsely implicated. The State opposed bail, citing the seriousness of the offence. The court, after considering the medical evidence and lack of direct proof against the petitioners, ordered their release on bail upon furnishing a bond of ₹30,000 each, subject to conditions under the Bharatiya Nagrik Suraksha Sanhita.

Issues considered

  • Whether bail can be granted to the accused in a dowry‑death case under the Bharatiya Nyaya Sanhita and Bharatiya Nagrik Suraksha Sanhita.
  • Whether the medical and post‑mortem evidence sufficiently discharges the petitioners from suspicion of involvement in the death.
  • Whether the petitioners were falsely implicated and thus entitled to bail despite the seriousness of the alleged offence.

Legislation cited

Subjects

  • bail
  • dowry death
  • criminal procedure
  • medical evidence
  • presumption of innocence
  • section 80 Bharatiya Nyaya Sanhita
  • section 2(1)(d) Bharatiya Nagrik Suraksha Sanhita

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.4940 of 2026
                    Arising Out of PS. Case No.-269 Year-2025 Thana- DARBHANGA SADAR District-
                                                       Darbhanga
                 ======================================================
           1.     Manisha Devi W/o Mukesh Kumar Resident of Village - Dhoi, Navtoli, P.S.-
                  Sadar, District - Darbhanga
           2.    Laxman Paswan S/o Uma Shankar Paswan @ Uma Paswan Resident of
                 Village - Dhoi, Navtoli, P.S.- Sadar, District - Darbhanga

                                                                               ... ... Petitioner/s
                                                     Versus
                 The State of Bihar

                                                        ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :     Mr.Saurav Anand, Advocate
                 For the Opposite Party/s :     Mr.Anish Chandra, APP
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE DR. ANSHUMAN
                                       ORAL ORDER

2   04-02-2026                  Heard learned counsel for the petitioners and learned

                   APP for the State.

                                2. The petitioners who apprehend arrest in connection

                   with Sadar P.S. Case No. 269 of 2025 lodged on 18.08.2025, for

                   the offences punishable under sections 80, 3(5) of the Bharatiya

                   Nyaya Sanhita, 2023 and Section ¾ of the Dowry Prohibition

                   Act.

                                3. As per the prosecution, the F.I.R. has been lodged

                   against five named accused persons, including the petitioners. It

                   is alleged in the F.I.R. that all the accused persons, including the

                   petitioners, in connivance with each other, killed the daughter of

                   the informant on account of non-fulfillment of dowry demand.
Patna High Court CR. MISC. No.4940 of 2026(2) dt.04-02-2026
                                            2/3




                       4. Learned counsel for the petitioners submits that the

          petitioners are innocent and have committed no offence. It is

          further submitted that the mother-in-law, father-in-law, and

          husband of the deceased have already been arrested. Learned

          counsel submits that, in fact, the deceased was pregnant and

          during the course of pregnancy she fell ill and was admitted to a

          private hospital, where she died during treatment. It is further

          submitted that as per the post-mortem report, the cause of death

          has been preserved pending the report of the chemical examiner

          and only bruise injuries were found on the person of the

          deceased on non-vital parts, which were superficial in nature. It

          is contended that due to severe anaemia during advanced

          pregnancy of about nine months and the intra-uterine death of

          the foetus, the deceased collapsed and subsequently died.

                       5. Learned counsel further submits that petitioner no.

          1, who is the sister-in-law, and petitioner no. 2, who is the

          brother-in-law of the deceased, have been falsely implicated in

          the present case with ulterior motive. Although the antecedents

          of the petitioners are not clean, as they are accused in one other

          criminal case, the same pertains to a different and unrelated

          nature.

                       6. Learned APP for the State opposes the prayer for
            Patna High Court CR. MISC. No.4940 of 2026(2) dt.04-02-2026
                                                        3/3




                      bail and submits that, as stated by the petitioners themselves, the

                      father-in-law, mother-in-law, and husband of the deceased have

                      already been arrested in connection with the present case.

                                   7. In the facts and circumstances of the case, let the

                      above-named petitioners be released on bail, in the event of

                      their arrest or surrender before the Trial Court within a period of

                      four weeks from today, on furnishing bail bond of ₹30,000/-

                      (Rupees Thirty Thousand only) each, as mentioned in Section

                      2(1)(d) of the Bharatiya Nagrik Suraksha Sanhita, 2023, to the

                      satisfaction of the CJM, Darbhanga, in connection with the

                      aforementioned case, subject to the conditions as laid down

                      under Section 482(2) of the Bharatiya Nagrik Suraksha Sanhita,

                      2023.



                                                  (Dr. Anshuman, J)
Ashwini/-

U      T


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