Patna High Court
Mundeshwari Devi @ Bundeshwari DeviversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- SONI SHRIVASTAVA
Holding
The court granted bail to the petitioners, senior citizens, on a bond of Rs.10,000 each with two sureties.
Summary
The petitioners, Mundeshwari Devi and Virendra Paswan, senior citizens and the mother‑in‑law and father‑in‑law of a deceased woman, were charged under Sections 304(b), 120(b) and 201 of the Indian Penal Code for allegedly killing the daughter of an informant over a dowry dispute. The prosecution alleged that the petitioners, along with co‑accused, participated in the homicide and conspiracy to conceal the crime. The petitioners contended that they had no involvement in the affairs of the deceased, that the primary accused – the deceased's husband – had already surrendered and was in custody, and that their advanced age warranted leniency. The State opposed bail, relying on the allegations in the FIR. The court, considering the custody of the husband, the petitioners' senior citizen status, and the lack of direct evidence linking them to the crime, ordered their release on bail with a bond of Rs.10,000 each and two sureties. The bail order was directed to be complied with by the Additional Sessions Judge, Vaishali.
Issues considered
- Whether bail should be granted to accused persons charged under Sections 304(b), 120(b) and 201 of the IPC in a dowry‑related homicide case.
- Whether the petitioners' senior citizen status and the custody of the primary accused justify granting bail.
- Whether the allegations in the FIR are sufficient to deny bail.
Legislation cited
- Indian Penal Code — s. 120(b), 201, 304(b)
Subjects
- bail
- dowry death
- IPC
- senior citizens
- culpable homicide
- criminal conspiracy
- evidence tampering
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.6270 of 2026
Arising Out of PS. Case No.-193 Year-2018 Thana- LALGANJ District- Vaishali
======================================================
1. Mundeshwari Devi @ Bundeshwari Devi Wife of Virendra Paswan @
Devendra Paswan R/o Village - Chhitrauli, P.S.- Lalganj, Dist. - Vaishali.
2. Virendra Paswan @ Devendra Paswan Son of Late Dwarik Paswan R/o
Village - Chhitrauli , P.S.- Lalganj, Dist. - Vaishali.
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Aniket Singh, Advocate
For the Opposite Party/s : Mr. Kalyan Shankar, APP
======================================================
CORAM: HONOURABLE JUSTICE SMT. SONI SHRIVASTAVA
ORAL ORDER
3 26-02-2026 Heard learned counsel for the petitioners and learned
APP for the State.
2. The petitioners seek bail in a case registered for
the offence punishable under Sections 304(B), 120(B) and 201
of the Indian Penal Code.
3. As per the prosecution case, the petitioners along
with other co-accused persons are said to have killed the
daughter of the informant due to non-fulfillment of dowry
demand.
4. Learned counsel for the petitioners submits that
the petitioners no.1 and 2 happen to be the mother-in-law and
father-in-law of the deceased, who are separate in mess and
Patna High Court CR. MISC. No.6270 of 2026(3) dt.26-02-2026
2/2
property and have no concern with the affairs of the deceased
and her husband. It is further submitted that the husband of the
deceased, who is primarily responsible for the welfare of his
wife, has surrendered before the Court and is in custody, which
fact has been brought on record by way of supplementary
affidavit. The petitioners are in custody since 05.10.2025.
5. Learned APP for the State opposed the grant of
bail on the basis of allegations made in the First Information
Report.
6. Taking into consideration the facts and
circumstances and considering the fact that the husband of the
deceased, who is primarily responsible for the welfare of his
wife, is already in custody, let the above named petitioners,
who are senior citizens, be released on bail 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 Additional Sessions Judge-14th, Vaishali,
Hajipur/concerned Court below in connection with Lalganj P.S.
Case No. 193 of 2018.
(Soni Shrivastava, J)
anand/-
U T
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