Patna High Court
Rohit Jha @ Rohit KumarversusThe State of Bihar
- Decided
- Disposal
- PARTLY ALLOWED (DISPOSAL)
- Bench
- SONI SHRIVASTAVA
Holding
The court granted bail to Hema Devi on condition of a bail bond and sureties.
Summary
The petitioners Rohit Jha and Hema Devi sought bail in a dowry‑death case where the informant’s daughter was alleged to have been killed for non‑payment of dowry. The senior counsel withdrew the bail application for Rohit Jha, leaving only Hema Devi, who is the mother‑in‑law of the deceased and aged about 65 with no criminal antecedent. The FIR alleges homicide, but the post‑mortem report and case diary indicate death by suicide through hanging, with no incriminating injuries. The prosecution opposed bail, citing alleged dowry demand and other injury marks, while the defence highlighted the lack of witnesses and the suicide evidence. Considering Hema Devi’s age, clean record, prolonged custody since June 2025, and the nature of the evidence, the court granted bail on a bond of Rs.10,000 with two sureties, while dismissing the application for Rohit Jha.
Issues considered
- Whether bail should be granted to Hema Devi despite the dowry‑death allegations.
- Whether the evidence indicating suicide negates the presumption of guilt under the dowry‑death provisions.
Legislation cited
- Bihar Negotiable Instruments Act — s. 103(1), 108, 3(5), 85
Subjects
- bail
- dowry death
- suicide
- presumption of guilt
- mother‑in‑law
- criminal procedure
- post‑mortem report
- age
- no antecedent
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.67694 of 2025
Arising Out of PS. Case No.-183 Year-2025 Thana- DARBHANGA SADAR District-
Darbhanga
======================================================
1. Rohit Jha @ Rohit Kumar S/O Vijay Nand Jha R/O Village- Baidehi Nagar,
Chapki Parari Laxmi Sagar, P.S- Sadar, District- Darbhanga, Bihar.
2. Hema Devi W/O Vijay Nand Jha R/O Village- Baidehi Nagar, Chapki Parari
Laxmi Sagar, P.S- Sadar, District- Darbhanga, Bihar.
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Gauranga Chatterjee, Sr. Adv.
Mr.Anirvan Choudhuri, Adv.
For the Opposite Party/s : Ms.Lakshmi Kant Sharma, APP
For the Informant : Mr. Gajendra Kumar Jha, Adv.
======================================================
CORAM: HONOURABLE JUSTICE SMT. SONI SHRIVASTAVA
ORAL ORDER
6 23-02-2026 Heard Mr. Gauranga Chatterjee, learned Senior
counsel for the petitioners and learned APP for the State.
2. Learned counsel for the petitioners, at the outset,
submits that he is not pressing the bail application on behalf of
petitioner no.1 Rohit Jha and hence, he prays to withdraw the
application on his behalf with liberty to renew his prayer for bail
at an appropriate stage.
3. Permission is accorded.
4. The application is dismissed as withdrawn on behalf
of petitioner no.1.
5. The instant application thus, survives only with
respect to petitioner no.2.
6. A prayer for bail has been made on behalf of the
petitioner no.2 in connection with Darbhanga Sadar P.S. Case
no.183 of 2025 registered under sections 103(1), 85 and 3(5) of
Patna High Court CR. MISC. No.67694 of 2025(6) dt.23-02-2026
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BNS, 2023.
7. Allegation in the F.I.R is that all accused persons
killed the informant’s daughter due to non-fulfillment of demand
of dowry.
8. Learned Senior counsel for the petitioner submits
that petitioner no.2 has been implicated in the case only for the
reason that she happens to be the mother-in-law of the deceased.
The present incident has occurred after nine years of marriage, as
such, there is no case of presumption against accused persons.
Further, the deceased had committed suicide by hanging with her
dupata and this fact would be amply evident from the
postmortem report which indicates the cause of death as Asphyxia
due to hanging as also by the details of the ligature marks.
Learned counsel for the petitioner has also pointed out paragraph
no.13 of the case diary, which is inspection of the place of
occurrence, that ligature mark found on the neck of the deceased
prima facie indicated it to be a case of suicide. In the course of
inspection also, the latch of the door from inside the room, where
deceased is to said to have died, was broken. Further, in
paragraph no.49 of the case diary, the doctor, after seeing the
inquest report, was of the opinion that death of the deceased had
taken place on account of hanging. Petitioner no.2 has no
criminal antecedent and she is in custody since 08.06.2025. She
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undertakes to cooperate in the case/trial. Charges have been
framed on 27.11.2025, however, no witness has been produced on
behalf of prosecution.
9. The application for bail is opposed by learned A.P.P.
for the State as also learned counsel for the informant on the
ground that inquest report indicates some other injury marks on
the body of the deceased and there was an allegation of demand
of dowry etc., for which the deceased has been done to death by
the petitioner no.2 and another.
10. Taking into consideration the aforesaid facts and
circumstances of the case and also considering the fact that
petitioner no.2 happens to be the mother-in-law of the deceased,
aged about 65 years old having no criminal antecedent, having
remained in custody since 08.06.2025, and charges have been
framed under Section 108 in addition section 85 of BNS, the
petitioner no.2 is directed to be enlarged on bail in connection
with Darbhanga Sadar P.S. Case no.183 of 2025 on furnishing
bail bond of Rs.10,000/- (Rupees Ten Thousand) with two
sureties of the like amount each to the satisfaction of the learned
Court concerned where the case is pending/successor Court.
(Soni Shrivastava, J)
Harsh/-
U T
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