Patna High Court
Gita Devi @ Asha DeviversusThe State of Bihar
- Decided
- Disposal
- REJECTED
- Bench
- RAMESH CHAND MALVIYA
Holding
The petitioner is not entitled to bail as the evidence points to her participation in the dowry death.
Summary
Gita Devi, the mother‑in‑law of the deceased Rangeela Devi, was charged under Sections 80 and 3(5) of the BNS Act for a dowry death. The petitioner sought bail, claiming she was falsely implicated and has a clean antecedent. The State opposed bail, alleging the petitioner demanded a motorcycle and, upon non‑payment, participated in the killing. The court examined the FIR, case diary, post‑mortem report and witness testimony, which indicated the deceased was strangled with a ligature and that the petitioner and her family were involved. Finding the evidence substantial, the court declined to grant bail. Consequently, the bail petition was rejected.
Issues considered
- Whether the petitioner is entitled to bail under Sections 80 and 3(5) of the BNS Act in a dowry death case
- Whether the petitioner was falsely implicated in the offence
Legislation cited
- BNS Act — s. 3(5), 80
Subjects
- dowry death
- bail
- strangulation
- Section 80
- Section 3(5)
- BNS Act
- mother‑in‑law
- criminal procedure
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.80066 of 2025
Arising Out of PS. Case No.-320 Year-2024 Thana- BAJPATTI District- Sitamarhi
======================================================
Gita Devi @ Asha Devi, aged about 60 years, Female, Wife of Bhola Sah,
Resident of Village- Mahmadpur, P.S.- Bajpatti, Dist- Sitamarhi
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Ashok Kumar Jha, Advocate
For the Opposite Party/s : Mrs. Nirmala Kumari, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE RAMESH CHAND
MALVIYA
ORAL ORDER
4 21-01-2026 Heard learned counsel for the petitioner, learned APP
for the State, perused the case diary and postmortem report of
the deceased, namely, Rangeela Devi.
2. The petitioner is in custody in a case registered for
the offence punishable under Sections 80 and 3(5) of the BNS
Act.
3. As per allegation in the FIR, it is a case of dowry
death of the deceased, namely, Rangila Devi due to non-
fulfilment of dowry demand by the petitioner and her family
members.
4. Learned counsel for the petitioners submits that
petitioner has falsely been implicated in this case. He next
submits that petitioner is a lady and she is mother-in-law of the
Patna High Court CR. MISC. No.80066 of 2025(4) dt.21-01-2026
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deceased and she has got clean antecedent as stated in para-3 of
the petition and she is in custody since 24.12.2024.
5. Learned APP for the State opposes the prayer for
bail of this petitioner and submits that petitioner has demanded
motorcycle and due to the non-fulfilment of the dowry demand
they killed the deceased.
6. On perusal of the FIR, case diary, postmortem
report of the deceased and impugned order dated 27.08.2025, it
appears that the deceased was killed by her mother-in-law and
her family members as the hands of the deceased was found tied
behind the back and there were multiple injuries on the body of
the deceased and postmortem report shows that the cause of
death of the deceased was due to asphyxia leading to CR failure
as a result of a neck injury(strangulation) produced by rope like
ligature and several witnesses have supported the case of the
prosecution, therefore, I am not inclined to grant bail to the
petitioner.
7. Accordingly, the prayer for bail of the petitioner is
hereby rejected.
(Ramesh Chand Malviya, J)
Brajesh Kumar/-
U T
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