Patna High Court
Manisha DeviversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- ANSHUMAN
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
- Bharatiya Nagrik Suraksha Sanhita, 2023 — s. 2(1)(d), 482(2)
- Bharatiya Nyaya Sanhita, 2023 — s. 3(5), 80
- Dowry Prohibition Act — s. ¾
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
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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
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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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