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Patna High Court

Gita Devi @ Asha DeviversusThe State of Bihar

Decided
Disposal
REJECTED

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

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
                                                      2/2




                    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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