Patna High Court
Sangita DeviversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- PRABHAT KUMAR SINGH
Holding
The Court held that the petitioner is entitled to bail as she is not directly implicated in the alleged offences and satisfies the conditions of section 482(2) of the BNSS 2023.
Summary
The petitioner, Sangita Devi, mother‑in‑law of a woman allegedly killed in a dowry‑related case, filed a bail petition after learning that she might be arrested under sections 80, 238 and 3(5) of the BNS. The prosecution alleged that the deceased’s husband and co‑accused tortured her for dowry and eventually killed her, but no specific allegation was made against the petitioner. She asserted that she has a clean antecedent, no direct involvement in the crime, and that the primary accused is already in custody. The State opposed the bail. The Court, after considering the facts, ordered that the petitioner be released on bail upon furnishing a bond of Rs.10,000 with two sureties, subject to the conditions of section 482(2) of the BNSS 2023.
Issues considered
- Whether the petitioner is liable for the offences alleged under sections 80, 238 and 3(5) of the BNS.
- Whether bail should be granted to the petitioner given the nature of the allegations and her clean antecedent.
- Whether the conditions prescribed under section 482(2) of the BNSS 2023 are satisfied for granting bail.
Subjects
- bail
- dowry death
- over‑implication
- clean antecedent
- section 80 BNS
- section 238 BNS
- section 3(5) BNS
- section 482(2) BNSS 2023
- criminal procedure
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.8053 of 2026
Arising Out of PS. Case No.-351 Year-2025 Thana- GORAUL District- Vaishali
======================================================
Sangita Devi S/o- Ram Balak Ram R/v- Cheharakala, P.S.- Kathara, Goraul,
District- Vaishali
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Sunil Kumar Singh, Advocate
For the Opposite Party/s : Mr. Jitendra Kumar Singh, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH
ORAL ORDER
2 20-02-2026 Heard learned counsel for the petitioner and the
State .
2. Petitioner apprehends arrest in a case registered for
the offence punishable under sections 80, 238 and 3 (5) of
BNS.
3 . As per the prosecution case , informant alleged that
her daughter was married to co-accused Amaresh Kumar in the
year 2019. After marriage, she had gone to her matrimonial
house, where this petitioner along with other accused persons
used to torture and harass the daughter of informant for dowry
and ultimately, due to non-fulfillment of the same, accused
persons killed the her.
4. Petitioner is mother-in -law of the deceased. She is
simply victim of over implications. She is separate in mess and
Patna High Court CR. MISC. No.8053 of 2026(2) dt.20-02-2026
2/2
property. There is no specific allegation is alleged against her
and she has got no concern with the affairs of the couple .
Thrust of accusation is against the husband of the deceased who
is already in custody since 28.07.2025 . Petitioner claims clean
antecedent.
5 . Learned counsel for the State opposes the bail
petition .
6. Considering the aforesaid facts and circumstances
of the case , in the event of arrest or surrender within eight
weeks from today , let this petitioner, as named above, be
enlarged on bail on furnishing bail bond of Rs.10,000/-(ten
thousand) with two sureties of the like amount each to the
satisfaction of the learned ACJM – Vaishali at Hajipur in
connection with Goraul PS Case No. 351 of 2025 , subject to
the conditions laid down under section 482 ( 2 ) of BNSS
2023 .
(Prabhat Kumar Singh, J)
Koushik/-
U T
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