Patna High Court

Jai Mala DeviversusThe State of Bihar

Decided: 4 February 2026
Disposal: ALLOWED
Bench: ASHOK KUMAR PANDEY

Holding

The petitioner is entitled to regular bail subject to a bail bond and sureties.

Summary

Jai Mala Devi, the mother‑in‑law of a deceased woman, was arrested in a dowry‑death case registered under sections 61(2), 80, 238 and 3(5) of the B.N.S. The informant alleged that her daughter was killed by her in‑laws for refusing to pay a dowry demand of Rs 5 lakh. The petitioner, who has no prior criminal record, has been in judicial custody since 28 September 2025 and sought regular bail. The State opposed bail, contending the seriousness of the offence. The Court examined the nature of the allegations, the petitioner’s clean antecedents and the length of custody, and concluded that bail could be granted on reasonable conditions. Accordingly, the petitioner was released on bail upon furnishing a bond of Rs 10,000 with two sureties.

Issues considered

Whether the petitioner is entitled to regular bail in a dowry‑death case under sections 61(2), 80, 238 and 3(5) of the B.N.S.
Whether the seriousness of the alleged offence outweighs the petitioner’s right to bail.

Legislation cited

B.N.S. — s. 238, 3(5), 61(2), 80

Subjects

dowry death
bail
criminal procedure
section 61(2)
section 80
section 238
section 3(5)
B.N.S.
domestic violence

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.4978 of 2026
                      Arising Out of PS. Case No.-364 Year-2025 Thana- BIRAUL District- Darbhanga
                 ======================================================
                 Jai Mala Devi Wife of Kumar Sahu Resident of village-Dumri, zero mile,
                 P.S.- Biraul, District - Darbhanga, Bihar,Bharat
                                                                         ... ... Petitioner/s
                                                      Versus
                 The State of Bihar
                                                                  ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :       Ms. Smiti Bharti, Advocate
                 For the Opposite Party/s :       Mr. Sanjay Kumar Pandey, APP
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE ASHOK KUMAR PANDEY
                                       ORAL ORDER

2   04-02-2026                   Heard learned counsel for the petitioner, learned APP

                   for the State and learned counsel for the informant.

                                2. The petitioner has prayed for regular bail in a case

                   registered for the offence punishable under sections 61(2), 80,

                   238 and 3(5) of B.N.S.

                                3. The case of the prosecution is that the daughter of

                   the informant, namely, Pushpa Kumari was married to Pramod

                   Prasad. It is alleged that after marriage, she was being subjected

                   to cruelty on account of non-fulfillment of dowry demand of Rs.

                   5 lacs. It is further alleged that a panchayati was also held but

                   the in-laws of the deceased were not ready. On 27.09.2025, the

                   in-laws have killed the daughter of the informant. When the

                   informant reached the matrimonial house of the deceased, police

                   prepared inquest and body was sent for postmortem.

                                4. Learned counsel for the petitioner submits that the
            Patna High Court CR. MISC. No.4978 of 2026(2) dt.04-02-2026
                                                        2/2




                      petitioner is innocent and has committed no offence. Learned

                      counsel for the petitioner has submitted that the petitioner is

                      mother-in-law of the deceased and the nature of allegation is

                      general and omnibus. A statement has been made in para-3 of

                      this petition that the petitioner has got no criminal antecedent.

                      Moreover, the petitioner is languishing in judicial custody since

                      28.09.2025.

                                   5. Learned APP appearing for the State and learned

                      counsel for the informant have vehemently opposed the prayer

                      of regular bail. Learned counsel for the petitioner has submitted

                      that the deceased was killed and the body was thrown in the

                      field.

                                   6. Having heard learned counsel for the parties and

                      considering the facts and circumstances of the case, this court is

                      inclined to enlarge the petitioner on bail. The above named

                      petitioner is directed to be released on bail in connection with

                      Biraul P.S. Case No. 364 of 2025 on furnishing bail bond of

                      Rs.10,000/- (ten thousand) with two sureties of the like amount

                      each to the satisfaction of learned A.C.J.M., Biraul, Darbhanga.



                                             (Ashok Kumar Pandey, J)
Shubham/-
U     T

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