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Patna High Court

Chhathi DeviversusThe State of Bihar

Decided
Disposal
PARTLY ALLOWED (DISPOSAL)

Holding

The Court granted bail to petitioners No.1 and No.4 while denying bail to petitioners No.2 and No.3.

Summary

The petitioners, four members of the Yadav family, sought bail after an FIR was lodged alleging a dowry‑death under sections 103(1), 238 and 3(5) of the Bharatiya Nyaya Sanhita, 2023. They contended that the deceased died of natural causes and that the FIR was filed four days after the death with a motive to extort money. The State opposed bail. The Court examined the FIR, the age of the accused (an 80‑year‑old woman and an 18‑year‑old man) and the nature of the allegations, and applied Section 2(1)(d) of the Bharatiya Nagrik Suraksha Sanhita, 2023 together with Section 482(2) for bail conditions. It granted bail to petitioners No.1 (Chhathi Devi) and No.4 (Amit Kumar Yadav) upon a bond of ₹30,000 each, but rejected bail for petitioners No.2 and No.3, finding the allegations serious enough to warrant continued detention.

Issues considered

  • Whether bail should be granted to accused persons under sections 103(1), 238 and 3(5) of the Bharatiya Nyaya Sanhita in a dowry‑death case.
  • Whether the age of the accused and the delay in filing the FIR justify bail.
  • Whether Section 2(1)(d) of the Bharatiya Nagrik Suraksha Sanhita, 2023 and Section 482(2) provide a basis for granting bail.

Legislation cited

Subjects

  • dowry death
  • bail
  • Bharatiya Nyaya Sanhita
  • Bharatiya Nagrik Suraksha Sanhita
  • age of accused
  • FIR delay
  • false allegations

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.4979 of 2026
                       Arising Out of PS. Case No.-261 Year-2025 Thana- RIVILGANJ District- Saran
                 ======================================================
           1.     Chhathi Devi Wife of Late Natha Yadav Resident of Village- Khairwar, P.S.-
                  Revilganj, District- Saran
           2.    Chathi Devi @ Chhathi Devi Wife of Rudal Yadav Resident of Village-
                 Khairwar, P.S.- Revilganj, District- Saran
           3.    Sangeeta Devi Wife of Ramesh Yadav Resident of Village- Khairwar, P.S.-
                 Revilganj, District- Saran
           4.    Amit Kumar Yadav @ Amit Yadav @ Uma @ Gunga Son of Rudal Yadav
                 Resident of Village- Khairwar, P.S.- Revilganj, District- Saran

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

                                                        ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :        Mr.Harish Kumar, Advocate
                 For the Opposite Party/s :        Mr.Rabindra Kumar, 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 Rivilganj P.S. Case No. 261 of 2025 lodged on 11.08.2025,

                   for the offences punishable under sections 103(1), 238, 3(5) of

                   the Bharatiya Nyaya Sanhita, 2023.

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

                   alleging that the daughter of the informant was killed due to

                   non-fulfillment of the demand for dowry.

                                4. Learned counsel for the petitioners submits that the
Patna High Court CR. MISC. No.4979 of 2026(2) dt.04-02-2026
                                            2/3




          petitioners are innocent and have committed no offence, and the

          present case has been instituted on the basis of false and

          concocted allegations. Learned counsel further submits that the

          alleged occurrence took place on 08.08.2025, whereas the F.I.R.

          was lodged after a delay of four days, for which no satisfactory

          explanation has been furnished. It is further submitted that the

          petitioners have no concern with the family affairs of the

          deceased, as they were living separately from her. Learned

          counsel also submits that, in fact, the deceased died due to

          severe stomach pain and, while being taken to the hospital, she

          expired on the way. The informant and his family members were

          duly informed of the said fact, and the dead body was cremated

          in their presence. However, with an ulterior motive to extort

          money, the present F.I.R. has been lodged by making false

          allegations against the entire in-laws’ family, including

          petitioner no.1, namely, Chhathi Devi, who is about 80 years

          old, and petitioner no.4, Amit Kumar Yadav @ Amit Yadav @

          Uma @ Gunga, who is about 18 years old.

                       5. Learned APP for the State opposes the prayer for

          bail.

                       6. Upon specific query of the Court about the

          husband, learned counsel for the petitioner submits that the
            Patna High Court CR. MISC. No.4979 of 2026(2) dt.04-02-2026
                                                        3/3




                      husband of the deceased has not surrendered presently as per his

                      knowledge and he is trying to pursue bail.

                                   7. After going through the FIR and considering the

                      age of petitioner no.1, namely, Chhathi Devi and petitioner no.

                      4, namely, Amit Kumar Yadav @ Amit Yadav @ Uma @

                      Gunga, let them 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 learned J.M. 1st Class, Saran, Chhapra, in connection with

                      the aforementioned case, subject to the conditions as laid down

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

                      2023.

                                   8. So far as petitioner nos. 2 and 3 are concerned,

                      considering the nature of allegation levelled in the FIR, this

                      Court is not inclined to grant bail to them. Accordingly, their

                      prayer for bail is hereby rejected.



                                                  (Dr. Anshuman, J)
Ashwini/-

U      T


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