Patna High Court
Godawari DeviversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- ARUN KUMAR JHA
Holding
Bail is granted to the petitioner subject to a bond of Rs.10,000 with two sureties and conditions under Section 480(3) of the CrPC.
Summary
The petitioner, Godawari Devi, a 70‑year‑old mother‑in‑law, applied for bail in a case registered under Section 304B read with Section 34 of the Indian Penal Code concerning the alleged dowry‑related death of her daughter‑in‑law. The prosecution alleged that the deceased committed suicide after facing dowry demands and assault, implicating the petitioner without specific allegations against her. The petitioner contended that she was falsely implicated, had a clean antecedent, and that the circumstances – including her advanced age, short period of custody since July 2025, and the submission of the chargesheet – warranted bail. The State opposed the bail on the seriousness of the offence. After considering the facts, the court held that bail should be granted subject to a bond of Rs.10,000 with two sureties and conditions under Section 480(3) of the CrPC, including presence before the trial court and cancellation on repeated non‑appearance.
Issues considered
- Whether bail should be granted to the accused mother‑in‑law in a dowry‑death case under Section 304B IPC read with Section 34 IPC.
- Whether the petitioner’s age, clean antecedent, period of custody and submission of the chargesheet justify bail despite the seriousness of the offence.
Legislation cited
- Code of Criminal Procedure, 1973 — s. 480(3)
- Indian Penal Code — s. 304B, 34
Subjects
- bail
- dowry death
- Section 304B IPC
- Section 34 IPC
- CrPC Section 480(3)
- mother‑in‑law
- false implication
- age
- clean antecedent
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.76017 of 2025
Arising Out of PS. Case No.-38 Year-2016 Thana- PALANWA District- East Champaran
======================================================
Godawari Devi W/o Late Bhola Thakur, R/o village- Bhelahi, P.S.- Palanwa,
Dist- East Champaran.
... ... Petitioner
Versus
The State of Bihar
... ... Opposite Party
======================================================
Appearance :
For the Petitioner/s : Mr. Dhannjay Kumar-II, Advocate
For the Opposite Party/s : Mr. Md. Fahimuddin, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE ARUN KUMAR JHA
ORAL ORDER
5 21-01-2026 Heard learned counsel for the petitioner and
learned A.P.P. for the State.
2. In the present case, the petitioner seeks bail in
connection with Palanwa P.S. Case No. 38 of 2016 dated
08.07.2016, registered for the offence punishable under Section
304B read with Section 34 of the Indian Penal Code.
3. As per the prosecution case, the daughter of
informant was married with the son of the petitioner and she
died in her matrimonial home. Further allegation is that there
was demand of dowry and consequent assault and torture on
non-fulfillment of this demand.
4. Learned counsel appearing on behalf of the
petitioner submits that petitioner has falsely been implicated in
the present case. Petitioner is mother-in-law of the deceased
who committed suicide and petitioner has been made accused in
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the present case with false allegation. There is no specific
allegation against the petitioner. From the FIR it is apparent that
the informant received information of death of his daughter on
07.07.2016 and he reached the matrimonial home of his
daughter on 08.07.2016, if there was any guilty intention on the
part of the petitioner, she would not have informed the
informant and would have disposed of the body. The husband of
the deceased used to work in Nepal and some hot talk took place
between them and the deceased commmitted suicide. The
petitioner is aged about 70 years and she is in custody since
16.07.2025. Learned counsel lastly submits that petitioner is
having clean antecedent and chargesheet has been submitted.
5. Learned A.P.P. appearing on behalf of the State
opposes the submissions made on behalf of the petitioner.
6. Having regard to the facts and circumstances and
submissions made on behalf of the parties and considering the
fact that petitioner is stated to be the mother-in-law of the
deceased and further considering her age, period of custody,
clean antecedent and the submission of chargesheet, the
petitioner, above-named, is directed to be released on bail, on
furnishing bail bonds of Rs.10,000/- (Rupees Ten Thousand
Only) with two sureties of the like amount each to the
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satisfaction of learned Chief Judicial Magistrate, Motihari, East
Champaran / concerned Court, in connection with Palanwa P.S.
Case No. 38 of 2016, subject to the condition laid down under
Section 480(3) of the B.N.S.S. and other following conditions:
(i) One of the bailors will be a close relative of the
petitioner.
(ii) The petitioner will remain present on each and
every date fixed by the court below, if so required by the learned
trial Court.
(iii) In case of absence on three consecutive dates
or in violation of the terms of the bail, the bail bond of the
petitioner will be liable to be cancelled by the Court concerned.
(Arun Kumar Jha, J)
Shahnawaz/-
U T
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