Patna High Court

Shivrati DeviversusThe State of Bihar

Decided: 3 February 2026
Disposal: BAIL GRANTED
Bench: R P MISHRA

Holding

The Court held that bail should be granted to the petitioner subject to conditions.

Summary

Shivrati Devi, mother‑in‑law of a deceased woman, was arrested in connection with a dowry‑death case (Roushanganj PS Case No.115 of 2025) under Sections 80 and 3(5) of the Bharatiya Nyaya Sanhita, 2023. The prosecution alleged that the husband and in‑laws killed the daughter‑in‑law for non‑payment of dowry. The petitioner argued she was falsely implicated, that no incriminating material was found on her, she has no criminal antecedent and the allegations are vague. The State opposed the bail application. Considering the lack of specific evidence, the petitioner’s custody since July 2025 and her clean record, the Court granted bail subject to a Rs 15,000 bond, two sureties, a family member as bailor and mandatory attendance at all trial dates, with cancellation possible on two consecutive defaults.

Issues considered

Whether bail should be granted to the petitioner under Sections 80 and 3(5) of the Bharatiya Nyaya Sanhita, 2023
Whether the allegations against the petitioner are sufficiently specific to justify denial of bail

Legislation cited

Bharatiya Nyaya Sanhita, 2023 — s. 3(5), 80

Subjects

bail
dowry death
Bharatiya Nyaya Sanhita
criminal procedure
surety
court conditions

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.5261 of 2026
                     Arising Out of PS. Case No.-115 Year-2025 Thana- ROSHANGANJ District- Gaya
                 ======================================================
                 Shivrati Devi Wife of Baleshwar Bhuiyan @ Leshwar Bhuiyan Resident of
                 Village - Bhargayee, Ps- Roushanganj, Dist- Gaya

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

                                                        ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :      Mr. Md Murad Ashraf, Advocate
                 For the Opposite Party/s :      Mrs. Gulnar Begum, APP
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE RUDRA PRAKASH
                 MISHRA
                                       ORAL ORDER

2   03-02-2026                           Heard learned counsel for the petitioner and

                   learned APP for the State.

                                2. The petitioner seeks bail in connection with

                   Roushanganj P.S. Case No. 115 of 2025, instituted for the

                   offences punishable under Sections 80 and 3(5) of the Bharatiya

                   Nyaya Sanhita, 2023.

                                3. The prosecution case, in short, is that daughter of

                   the informant has been done to death by her husband and in-

                   laws due to non-fulfillment of dowry.

                                4. Learned counsel for the petitioner submits that the

                   petitioner is innocent and has falsely been implicated in the

                   present case. No incriminating material has been recovered from

                   the conscious possession of the petitioner. Learned counsel for
Patna High Court CR. MISC. No.5261 of 2026(2) dt.03-02-2026
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          the petitioner also submitted that the petitioner is mother-in-law

          of the deceased. It is next submitted that the allegation levelled

          against the petitioner is not specific rather the same is general

          and omnibus in nature. It is further submitted that the petitioner

          is separate in mess and business from the husband of the

          deceased. The petitioner is in custody since 27.07.2025 and has

          got no criminal antecedent.

                       5. Learned APP for the State has vehemently opposed

          the prayer for grant of bail to the petitioner.

                       6. Considering the aforesaid facts and circumstances

          of the case and taking into account the period of custody

          undergone by the petitioner, this Court is inclined to grant bail

          to the petitioner.

                       7. Let the petitioner be released on bail on furnishing

          bail bonds of Rs. 15,000/- (Rupees Fifteen Thousand) with two

          sureties of the like amount each to the satisfaction of Court

          below/concerned Court in connection with Roushanganj P.S.

          Case No. 115 of 2025, subject to the following conditions:

                       (I) One of the bailors shall be own/close member of

          the family of the petitioner.

                       (II) The petitioner shall appear on each and every date

          fixed at the trial. In case of default in such appearance on two
             Patna High Court CR. MISC. No.5261 of 2026(2) dt.03-02-2026
                                                         3/3




                       consecutive dates, the prosecution will have liberty to move for

                       cancellation of bail.



                                                                    (Rudra Prakash Mishra, J)
Rajorshi/-

U       T

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