Patna High Court

Sushila DeviversusThe State of Bihar

Decided: 9 January 2026
Disposal: BAIL GRANTED
Bench: SANDEEP KUMAR

Holding

The court held that, considering the prolonged custody and the fact that co‑accused have been granted bail, the petitioner is entitled to regular bail.

Summary

Sushila Devi, the mother‑in‑law of a deceased woman, was arrested in connection with a dowry‑death case (IPC §§304B/34) on 21‑06‑2023. She filed three bail applications; the first two were rejected. The petitioner argued that she is innocent, has been in custody for a long period, and that co‑accused have already been granted anticipatory or regular bail. The State and the informant opposed the bail. The court, noting the extended custody and the bail granted to co‑accused, allowed the regular bail with a bond of Rs.10,000 and two sureties, subject to conditions of regular appearance. Consequently, the petitioner was released on bail.

Issues considered

Whether the petitioner is entitled to regular bail despite being charged under IPC §§304B and 34.
Whether the duration of custody and the grant of bail to co‑accused influence the bail decision.

Legislation cited

Indian Penal Code — s. 304B, 34

Subjects

bail
dowry death
IPC 304B
criminal procedure
anticipatory bail
regular bail

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.80863 of 2025
                      Arising Out of PS. Case No.-362 Year-2023 Thana- BRAHMPUR District- Buxar
                 ======================================================
                 Sushila Devi W/o Bashisth Pandit @ Bashisth Kumar @ Vashist Pandit @
                 Vashisth Kumar Resident of village- Nimej, PS- Brahampur, District- Buxar

                                                                                 ... ... Petitioner/s
                                                       Versus
                 The State of Bihar

                                                        ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :       Mr. Arvind Kumar Pradhan
                 For the Opposite Party/s :       Mr. Rajendra Nath Jha
                                                  Mr. Shyam Kumar Singh
                 For the informant        :       Mr. Anand Kumar Ojha 1, Advocate
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE SANDEEP KUMAR
                                       ORAL ORDER

2   09-01-2026                  Heard the learned counsel for the petitioner, learned

                   APP for the State and Mr. Anand Kumar Ojha, the learned

                   counsel for the informant.

                                2. This is the 3rd attempt of the petitioner. The

                   petitioner seeks bail in connection with Brahampur P.S. Case

                   No. 362 of 2023 registered for the offence under Sections

                   304(B)/34 of the Indian Penal Code.

                                3. Earlier the bail applications of the petitioner was

                   rejected twice on 05.07.2024 in Cr. Misc. No. 27101 of 2024

                   and on 16.10.2023 in Cr. Misc. No. 66289 of 2023.

                                4. Learned counsel for the petitioner submits that

                   petitioner is innocent and has not committed any offence. He

                   further submits that the petitioner is the mother-in-law of the
Patna High Court CR. MISC. No.80863 of 2025(2) dt.09-01-2026
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          deceased and is in custody since 21.06.2023. There is general

          and omnibus allegation levelled against her. He further submits

          that the husband of the deceased is already in custody whereas

          co-accused Sangita Devi has been granted Anticipatory Bail by

          this Court vide order dated 11.09.2024 passed in Cr. Misc. No.

          63742 of 2024 and co-accused Vashist Pandit @ Vashisth

          Kumar has been granted regular bail by a co-ordinate Bench of

          this Court vide Cr. Misc. No. 21969 of 2023 dated 20.08.2025.

                       5. Learned A.P.P. for the State and the learned counsel

          for the informant have vehemently opposed the prayer for bail.

                       6. Considering the period of custody and the fact that

          the co-accused persons have been granted bail, this application

          for regular bail is allowed.

                       7. Accordingly, let the petitioner, above named, be

          released 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 concerned Court below, Buxar in

          connection with Brahampur P.S. Case No. 362 of 2023 subject

          to condition that:-

                                            I) The petitioner shall appear in
                                  the trial regularly either personally or
                                  through her lawyer and shall cooperate in
                                  the trial and non-cooperation in the trial
                                  shall result in cancellation of the bail bond
            Patna High Court CR. MISC. No.80863 of 2025(2) dt.09-01-2026
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                                              of the petitioner.



                                                              (Sandeep Kumar, J)
Shishir/-

U       T

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