Patna High Court

Pooja DeviversusThe State of Bihar

Decided: 10 February 2026
Disposal: ALLOWED
Bench: ASHOK KUMAR PANDEY

Holding

The Court granted bail to the petitioner on the condition of a Rs. 10,000 bond with two sureties.

Summary

Pooja Devi, the sister‑in‑law of a deceased woman, was implicated in a murder case (Turkauliya P.S. Case No. 506 of 2025) under Section 80/3(5) of the B.N.S., 2023, alleged to have participated in the killing over a dowry dispute. The petitioner applied for bail, asserting innocence, lack of specific allegations against her, and that the husband of the deceased was already in custody. The informant and the State opposed bail, emphasizing the seriousness of the offence and the alleged cruelty leading to death within two years of marriage. After hearing both sides, the Court found the allegations against the petitioner to be general and not substantiated, and therefore decided to enlarge her on bail. The bail was conditioned on a bond of Rs. 10,000 with two sureties of equal amount, to be filed before the Magistrate of Motihari.

Issues considered

Whether the petitioner, Pooja Devi, is entitled to bail in a murder case under Section 80/3(5) of the B.N.S., 2023 despite the allegations of dowry‑related cruelty and murder.

Legislation cited

B.N.S., 2023 — s. 80/3(5)

Subjects

bail
dowry death
cruelty
murder
Section 80/3(5)
B.N.S.
criminal procedure

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                               CRIMINAL MISCELLANEOUS No.5305 of 2026
                      Arising Out of PS. Case No.-506 Year-2025 Thana- TURKAULIYA District- East
                                                       Champaran
                 ======================================================
                 Pooja Devi Wife of Anil Sah @ Anil Kumar Resident of Vill- Shankar
                 Saraiya, P.S.- Turkauliya, Dist- East Champaran

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

                                                        ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :       Mr. Sanjeev Kumar, Adv.
                                                  Mr. Sitesh Kashyap, Adv.
                                                  Mr. Raushan Raj, Adv.
                 For the Informant        :       Mr. Md. Shakil Ahmed Khan, Adv.
                 For the Opposite Party/s :       Mr. Abhay Kumar Roy, APP
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE ASHOK KUMAR PANDEY
                                       ORAL ORDER

2   10-02-2026                    Heard learned counsel for the petitioner; learned

                   counsel for the informant and learned APP for the State.

                                 2. The petitioner has prayed for bail in connection

                   with Turkauliya P.S. Case No. 506 of 2025 registered for the

                   offence punishable under Section 80/3(5) of the B.N.S., 2023.

                                 3. The case of the prosecution in short is that the

                   petitioner is the sister-in-law of the deceased. It is alleged that

                   the deceased was married to Manish Sah. She was subjected to

                   cruelty on account of the non-fulfillment of dowry demand of

                   two lakh rupees. On 21.10.2025, the informant got information

                   that his daughter had been killed. The informant went to the

                   matrimonial house of the deceased, where he found the dead
Patna High Court CR. MISC. No.5305 of 2026(2) dt.10-02-2026
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          body of the deceased. The neighborers told that the petitioner,

          along with others, had killed the deceased.

                       4. Learned counsel appearing on behalf of the

          petitioner has submitted that petitioner is innocent and has

          committed no offence. He has been falsely implicated in this

          case. He also submits that the husband is already in custody. The

          allegations against the petitioner are general and omnibus. There

          is no specific allegation against the petitioner; she is only the

          sister-in-law of the deceased. He further submits that a

          statement has been made in para 3 of the petition that petitioner

          has no criminal antecedent and she is languishing in judicial

          custody since 21.10.2025.

                       5. The application for bail is vehemently opposed by

          learned counsel for the informant and the learned APP for the

          State. Learned counsel for the informant submits that the

          deceased was killed within two years of the marriage.

                       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 enlarged on bail on furnishing bail

          bond of Rs. 10,000/- (Rs. ten thousand only) with two sureties

          of the like amount each to the satisfaction of the learned Judicial
           Patna High Court CR. MISC. No.5305 of 2026(2) dt.10-02-2026
                                                       3/3




                     Magistrate, 1st Class, Motihari, East Champaran in connection

                     with Turkauliya P.S. Case No. 506 of 2025.



                                                    (Ashok Kumar Pandey, J)
Sudhanshu/-

U      T

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