Patna High Court
Meena DeviversusTHE STATE OF BIHAR
- Decided
- Disposal
- BAIL GRANTED
- Bench
- AJIT KUMAR
Holding
The Court granted bail to the petitioners subject to conditions, finding no specific case against them and accepting the informant's clarification.
Summary
Meena Devi and Kaushlendra Singh, the mother‑ and father‑in‑law of the deceased Sarita Kumari, sought bail fearing arrest in a case registered under Sections 85, 103(1), 238 and 3(5) of the Bhartiya Nyaya Sanhita, 2023 relating to alleged dowry demands and the disappearance of the deceased. The prosecution alleged that the deceased was taken away by her husband and brother‑in‑law and later died, while the petitioners contended that the dowry allegation was fabricated, the death was due to sudden chest pain, and they have no specific charges against them. The informant later clarified that the FIR was filed due to a misunderstanding. The Court, noting the lack of specific evidence against the petitioners and the clarification regarding the cause of death, granted bail subject to conditions under Section 482(2) of the B.N.S.S. and required a bail bond with sureties. The petitioners were ordered to appear before the trial court regularly, failing which bail could be cancelled.
Issues considered
- What is the appropriateness of granting bail to the petitioners given the allegations under Sections 85, 103(1), 238 and 3(5) of the Bhartiya Nyaya Sanhita?
- Does the informant's clarification that the FIR was filed due to a misunderstanding affect the bail decision?
Legislation cited
- Bhartiya Nyaya Sanhita, 2023 — s. 103(1), 238, 3(5), 482(2), 85
Subjects
- bail
- dowry death
- Bhartiya Nyaya Sanhita
- Section 85
- Section 103(1)
- Section 238
- Section 3(5)
- Section 482(2)
- criminal procedure
- misunderstanding
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.5839 of 2026
Arising Out of PS. Case No.-84 Year-2025 Thana- Rampur Chauram District- Arwal
======================================================
1. Meena Devi W/o Kaushlendra Singh Resident of Village - Sarauti, P.S -
Rampur Chauram, Dist. - Arwal.
2. Kaushlendra Singh S/o Late Devnandan Singh Resident of Village - Sarauti,
P.S - Rampur Chauram, Dist. - Arwal.
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr.Ravindra Kumar, Adv.
For the Opposite Party/s : Mr.Tarun Prasad Mandal, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE AJIT KUMAR
ORAL ORDER
3 24-02-2026 Heard learned counsel for the petitioners and learned APP
for the State.
2. The petitioners are apprehending their arrest in
connection with Rampur Chauram P.S. Case No. 84 of 2025
dated 02.09.2025 registered for the offence punishable under
Sections 85, 103(1), 238, 3(5) of the Bhartiya Nyaya Sanhita,
2023.
3. As per prosecution case, after a few years of marriage,
the Informant’s daughter was subjected to dowry demands of
₹10,00,000 and a car by her husband Mukesh Kumar and in-
laws. It is alleged that on 01.09.2025, she was allegedly taken
away by her husband and brother-in-law on the pretext of
Patna High Court CR. MISC. No.5839 of 2026(3) dt.24-02-2026
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medical treatment but, she did not return.
4. Learned counsel for the petitioners submits that the
petitioners are mother-in-law and father-in-law of the deceased.
It is next submitted that the deceased was not keeping well and
was under treatment and in course of her treatment, her death is
said to have been been taken place. There is nothing specific
against the petitioners rather the same and general and omnibus
in nature. It is further submitted that the allegation of demand of
dowry is false and fabricated and the deceased has left behind
two daughters and the petitioners are taking care for grooming
them. It is next submitted that the Informant has filed a petition
before the learned Chief Judicial Magistrate on 26.11.2025 with
regard to misunderstanding said to have been caused owing to
wrong information rather his daughter namely Sarita Kumari
died due to sudden chest pain. Lastly, it is submitted that the
petitioners have clean antecedent.
5. On the other hand, the learned APP for the State has
opposed the prayer for bail of the petitioners.
6. Having heard the learned counsel for the parties and
considering the fact that there is nothing specific against the
petitioners and that the informant has subsequently clarified that
the F.I.R. was lodged owing to certain misunderstanding while
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the death was caused due to sudden chest pain, let the above-
named petitioners be released on bail, let the above named
petitioners, be released on bail, in the event of their arrest or
surrender before the learned Court below within a period of six
weeks from today, on furnishing bail bond of Rs. 10,000/-
(Rupees Ten Thousand) each with two sureties of the like
amount each to the satisfaction of the learned Chief Judicial
Magistrate, Arwal in connection with Rampur Chauram P.S.
Case No. 84 of 2025, subject to the conditions as laid down
under Section 482(2) of the B.N.S.S. as well as the following
conditions:
(i) One of the bailors should be the family
member/relative/known of the petitioner(s) who shall provide
official document / personal affidavit to show his/her bona fide;
(ii) the petitioner(s) shall appear on each and every date
before the Trial Court and failure to do so for two consecutive
dates without plausible reason will entail cancellation of their
bail bond by the Trial Court itself;
(Ajit Kumar, J)
rishi/-
U T
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