Patna High Court
Kamlawati DeviversusThe State of Bihar
- Decided
- Disposal
- BAIL REJECTED
- Bench
- ANSHUMAN
Holding
The court held that bail could not be granted as the petitioner’s alleged involvement in a dowry‑related murder warranted detention.
Summary
Kamlawati Devi, the mother‑in‑law of a deceased woman, was named in an FIR for alleged involvement in the murder of the informant’s daughter over a dowry dispute, charged under sections 103(i) and 3(5) of the Bharatiya Nyaya Sanhita, 2023. She applied for bail, asserting innocence, a clean antecedent, and that she was not present at the scene. The State opposed bail, contending that all accused, including the petitioner, participated in the killing. The Court examined the seriousness of the alleged offences and the petitioner’s alleged role as a mother‑in‑law. Finding the allegations credible and the offences grave, the Court declined to grant bail. Consequently, the bail petition was dismissed.
Issues considered
- Whether bail should be granted to the petitioner accused under sections 103(i) and 3(5) of the Bharatiya Nyaya Sanhita, 2023 in a dowry‑related murder case.
Legislation cited
- Bharatiya Nyaya Sanhita, 2023 — s. 103(i), 3(5)
Subjects
- bail
- dowry death
- murder
- Bharatiya Nyaya Sanhita
- criminal procedure
- false allegations
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.4965 of 2026
Arising Out of PS. Case No.-147 Year-2025 Thana- DAUDPUR District- Saran
======================================================
Kamlawati Devi Wife of Daroga sah Resident of Village - Soniya, PS.-
Daudpur, District - Saran.
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr.Gajendra Nath Ojha, Advocate
For the Opposite Party/s : Ms.Pushpa Sinha.1, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE DR. ANSHUMAN
ORAL ORDER
2 04-02-2026 Heard learned Counsel for the petitioner and learned
APP for the State.
2. The petitioner who apprehends arrest in connection
with Daudpur P.S. Case No. 147/2025 lodged on 13.06.2025, for
the offences punishable under sections 103(i) and 3(5) of the
Bharatiya Nyaya Sanhita, 2023.
3. . As per the prosecution, the FIR has been lodged
against three named accused persons, including the petitioner,
alleging therein that all the accused, in connivance with each
other, killed the daughter of the informant due to non-fulfillment
of dowry demand.
4. Learned counsel for the petitioner submits that the
petitioner is innocent and has committed no offence; however,
due to false and frivolous allegations, the present FIR has been
Patna High Court CR. MISC. No.4965 of 2026(2) dt.04-02-2026
2/2
lodged. It is further submitted that the petitioner, being the
mother-in-law of the deceased, has no concern whatsoever with
the alleged occurrence. In fact, she was not present at the place
of occurrence on the alleged date, as she had gone to her maika.
Moreover, the deceased was residing separately with her
younger son. The petitioner has a clean antecedent.
5. Learned APP for the State vehemently opposes the
prayer for bail and submits that all the accused persons,
including the petitioner, being the mother-in-law of the
deceased, have committed the murder of the informant’s
daughter on account of non-fulfilment of dowry demand.
6. In this background, this Court is not inclined to
grant bail to the petitioner. Accordingly, the prayer for bail of
the petitioner in connection with the aforementioned case,
pending before the learned Sessions Judge, Saran at Chapra is
hereby rejected.
(Dr. Anshuman, J)
Ashwini/-
U T
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