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Patna High Court

Godawari DeviversusThe State of Bihar

Decided
Disposal
BAIL GRANTED

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

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
Patna High Court CR. MISC. No.76017 of 2025(5) dt.21-01-2026
                                            2/3




          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
          Patna High Court CR. MISC. No.76017 of 2025(5) dt.21-01-2026
                                                      3/3




                    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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