Patna High Court
Sangita DeviversusThe State of Bihar
- Decided
- Disposal
- ALLOWED
- Bench
- ASHOK KUMAR PANDEY
Holding
The court granted regular bail to the petitioner.
Summary
Sangita Devi, the mother‑in‑law of the deceased Soni Kumari, was charged under sections 80 and 3(5) of the Bihar Narcotic Substances Act and sections 3 and 4 of the Dowry Prohibition Act for allegedly assaulting the deceased, leading to her death. The prosecution alleged that the petitioner and her son assaulted the victim over a dowry demand of four lakh rupees, resulting in the victim’s death at AIIMS Phulwari Sharif. The petitioner contended that she is innocent, that the cause of death was asphyxia due to strangulation, and that the victim’s husband, a known drunkard, was the likely assailant; she also highlighted her clean record and that she had been in judicial custody since 1 February 2025. The State opposed the grant of regular bail. After considering the circumstances, the court decided to enlarge bail, directing the petitioner to be released on a bail bond of Rs.10,000 with two sureties of the same amount, subject to the satisfaction of the ACJM‑IV, Patna.
Issues considered
- Whether regular bail should be granted to the petitioner in a case involving alleged dowry‑related assault and death.
Legislation cited
- Bihar Narcotic Substances Act — s. 3(5), 80
- Dowry Prohibition Act — s. 3, 4
Subjects
- bail
- dowry death
- regular bail
- Dowry Prohibition Act
- Bihar Narcotic Substances Act
- criminal procedure
- assault
- judicial custody
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.51688 of 2025
Arising Out of PS. Case No.-1989 Year-2024 Thana- PHULWARISHARIF District- Patna
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Sangita Devi W/O Late Jai Kishun Sao R/O Village- Adhpa Nizampur, P.S-
Phulwari Sharif (Janipur), Distt.- Patna. ... ... Petitioner/s
Versus
The State of Bihar Bihar ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Md. Viveka Nand Singh, Advocate
Mr.Md Rafi Ahmad, Advocate
For the Opposite Party/s : Mr.Sanjay Kumar Pandey, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE ASHOK KUMAR PANDEY
ORAL ORDER
5 31-01-2026 Heard learned counsel for the petitioner and learned
APP for the State.
2. The petitioner has prayed for regular bail in a case
registered for the offence punishable under sections 80, 3 (5) of
the BNS and Sections 3 and 4 of the Dowry Prohibition Act.
3. The case of the prosecution is that the daughter of
the informant, namely, Soni Kumari (now deceased) was
married to Sammi Kumar. It is further alleged that the deceased
was assaulted by the petitioner and her son and as her condition
became serious, she was admitted to AIIMS Hospital, Phulwari
Sharif. It is further alleged that the deceased was subjected to
cruelty on account of non-fulfillment of a demand of dowry of
four lakh and that when the informant went to AIIMS, he was
informed that his daughter had died.
4. Learned counsel for the petitioner submits that the
Patna High Court CR. MISC. No.51688 of 2025(5) dt.31-01-2026
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petitioner is innocent and has falsely been implicated in
connection with the present case. It is further submitted that the
petitioner is mother-in-law of the deceased. It is further
submitted that from a perusal of the post-mortem report, it is
clear that the cause of death is asphyxia due to strangulation. It
is further submitted that during the course of investigation, it
has also come on record that the husband of the deceased is
drunkard and used to assault the deceased. Moreover, the
petitioner is languishing in judicial custody since 01.02.2025
having no criminal antecedent.
5. Learned APP appearing for the State has
vehemently opposed the prayer of regular bail.
6. Considering the aforesaid 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 Phulwari Sharif ( Janipur) P.S. Case No.
1989 of 2024 on furnishing bail bond of Rs.10,000/- (ten
thousand) with two sureties of the like amount each to the
satisfaction of learned ACJM – IV, Patna.
(Ashok Kumar Pandey, J)
Jagdish/-
U T
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