Patna High Court

Uma Shankar Pd. MahtoversusThe State of Bihar

Decided: 27 January 2026
Disposal: ALLOWED
Bench: ASHOK KUMAR PANDEY

Holding

The court granted regular bail to the petitioner, Raj Kumari Devi.

Summary

Petitioner Raj Kumari Devi, mother‑in‑law of the deceased Kajal Kumari, applied for regular bail in a case registered under sections 80(2) and 3(5) of the B.N.S. The prosecution alleged that Kajal Kumari was subjected to dowry‑related cruelty and was later found dead with marks of assault, with the in‑laws, including the petitioner, accused of her murder. The petitioner’s counsel argued that she has no criminal antecedent, the husband of the deceased is already in custody, and the allegations against her are vague and omnibus. The State opposed bail, citing a direct allegation against the petitioner. After hearing both sides, the court found the petitioner's lack of prior record and the circumstances warranted bail and ordered her release on a bond of Rs.10,000 with two sureties.

Issues considered

Whether regular bail should be granted to Raj Kumari Devi under sections 80(2) and 3(5) of the B.N.S. in view of the alleged dowry‑related homicide.

Legislation cited

B.N.S. — s. 3(5), 80(2)

Subjects

regular bail
dowry death
domestic violence
B.N.S.
section 80(2)
section 3(5)
criminal procedure

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.82967 of 2025
                        Arising Out of PS. Case No.-190 Year-2025 Thana- TARAIYA District- Saran
                 ======================================================
           1.     Uma Shankar Pd. Mahto S/O late Rajendra Mahto Resident of Village-
                  Usari, P.S.- Taraiya, Dist.- Saran, Chapra
           2.    Raj Kumari Devi W/O Uma Shankar Pd. Mahto Resident of Village- Usari,
                 P.S.- Taraiya, Dist.- Saran, Chapra

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

                                                        ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :        Mr. Radha Mohan Singh, Advocate
                 For the Opposite Party/s :        Mr. Shyam Bihari Singh, APP
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE ASHOK KUMAR PANDEY
                                       ORAL ORDER

3   27-01-2026                      Heard learned counsel for the petitioner no. 2,

                   namely, Raj Kumari Devi and learned APP for the State.

                                2. The petitioner no. 2 has prayed for regular bail in a

                   case registered for the offence punishable under sections 80(2)

                   and 3(5) of the B.N.S.

                                3. The case of the prosecution is that one Kajal

                   Kumari (deceased) was married to Satendra Mahto. It is alleged

                   that she was subjected to cruelty on account of non-fulfillment

                   of dowry demand of a bike and Rs. 3,00,000/-. On 16.06.2025 at

                   2 PM, the father-in-law of the informant informed him that her

                   sister had committed suicide. After this, he came to the

                   matrimonial house of the deceased and he found that the
Patna High Court CR. MISC. No.82967 of 2025(3) dt.27-01-2026
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          deceased was lying dead on a bed and there was mark of assault

          on her neck. The villagers told the informant that in the

          morning, the deceased was studying whereas the petitioner and

          her daughter were pressuring her to prepare food. It is alleged

          that all the in-laws have killed her.

                       4. Learned counsel for the petitioner submits that the

          petitioner is innocent and has committed no offence. Learned

          counsel for the petitioner has submitted that the petitioner is

          mother-in-law of the deceased. The husband of the deceased is

          already in judicial custody. The nature of allegation is general

          and omnibus. A statement has been made in para-3 of this

          petition that the petitioner has got no criminal antecedent.

          Moreover, she is languishing in judicial custody since

          18.06.2025.

                       5. Learned APP appearing for the State and learned

          counsel for informant have vehemently opposed the prayer of

          regular bail. Learned counsel for the informant has stated that

          there is direct allegation against this petitioner.

                       6. Having heard learned counsel for the parties and

          considering the facts and circumstances of the case, this court is

          inclined to enlarge the petitioner, namely, Raj Kumari Devi, on

          bail. The above named petitioner is directed to be released on
            Patna High Court CR. MISC. No.82967 of 2025(3) dt.27-01-2026
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                      bail in connection with Taraiya P.S. Case No. 190 of 2025 on

                      furnishing bail bond of Rs.10,000/- (ten thousand) with two

                      sureties of the like amount each to the satisfaction of learned

                      Additional Chief Judicial Magistrate, XIII Saran at Chapra.



                                            (Ashok Kumar Pandey, J)
Shubham/-

U     T

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