Patna High Court

Sampatiya DeviversusThe State of Bihar

Decided: 4 February 2026
Disposal: BAIL GRANTED
Bench: R P MISHRA

Holding

The court granted bail to the petitioner on furnishing a bail bond of Rs.15,000 with two sureties.

Summary

Sampatiya Devi, the mother‑in‑law of a deceased woman, was arrested in a dowry‑related murder case (Tekari PS Case No. 47 of 2025) under several provisions of the Bhartiya Nyaya Sanhita, 2023 and the D.P. Act. The prosecution alleged that she participated in harassing, torturing and murdering the informant’s daughter for dowry demands and concealing the body. The petitioner contended she had no direct involvement, no criminal antecedent, and that the allegations against her were vague and omnibus; she also highlighted that the alleged murderer, Shiv Kumar, was not charged. The State opposed bail, but the court considered the lack of specific charges, the petitioner’s clean record, and the length of her pre‑trial custody. Consequently, the court granted bail on a bond of Rs.15,000 with two sureties.

Issues considered

Whether bail should be granted to the petitioner under the listed sections of the Bhartiya Nyaya Sanhita and the D.P. Act given the nature of the allegations and her custody period.

Legislation cited

Bhartiya Nyaya Sanhita, 2023 — s. 115(2), 127(1), 127(2), 238, 61, 80, 85, 87
D.P. Act — s. 3, 4

Subjects

bail
dowry death
murder
Bhartiya Nyaya Sanhita
D.P. Act
criminal procedure
judicial custody

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.8381 of 2026
                         Arising Out of PS. Case No.-47 Year-2025 Thana- TEKARI District- Gaya
                 ======================================================
                 Sampatiya Devi W/O Satendra Prasad @ Satyendra Prasad R/O Village- Law,
                 Police Station- Tekari, District- Gaya
                                                                        ... ... Petitioner/s
                                                      Versus
           1.     The State of Bihar
           2.    Most. Saroj Devi W/O Late Ajay Prasad R/O Vill.- Jafra, P.S.- Belaganj,
                 Dist.- Gaya.

                                                        ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :       Mr.Aryan Singh, Advocate
                 For the Opposite Party/s :       Mr.Anish Chandra, APP
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE RUDRA PRAKASH
                 MISHRA
                                       ORAL ORDER

2   04-02-2026                  Heard learned counsel for the petitioner and learned

                   APP for the State.

                                2. The petitioner seeks bail in connection with Tekari

                   P.S. Case No. 47 of 2025 instituted for the offences under

                   Sections 127(1), 127(2), 115(2), 85, 87, 61, 80 and 238 of the

                   Bhartiya Nyaya Sanhita, 2023 and Section 3 / 4 of the D.P. Act.

                                3. As per prosecution case, the accusation against the

                   accused persons including the petitioner is of harassing,

                   torturing and, ultimately, committing murder of the informant’s

                   daughter for non-fulfillment of dowry demand and concealing

                   the dead body.

                                4. Learned counsel for the petitioner submits that the
Patna High Court CR. MISC. No.8381 of 2026(2) dt.04-02-2026
                                            2/3




          petitioner is innocent and has committed no offence as alleged

          against her and has falsely been implicated in the present case.

          The petitioner is the mother-in-law of the deceased. There is no

          specific or direct allegation of any overt act against the

          petitioner rather the same is general and omnibus in nature.

          Learned counsel for the petitioner further submits that the

          police, on the disclosure made by Shiv Kumar, recovered the

          dead-body of the deceased in Moharrar river but, strangely, he

          was not made accused in the present case which creates doubt in

          the veracity of the persecution case. Learned counsel for the

          petitioner further submits that other co-accused has been granted

          bail by this Court vide order dated 15.09.2025 passed in Cr.

          Misc. No. 44217 of 2025. The petitioner has no criminal

          antecedent and is languishing in judicial custody since

          06.06.2025 without any rhymes or reason. Charge-sheet has

          been submitted in this case

                       5. On the other hand, learned A.P.P. for the State has

          vehemently opposed the prayer for grant of bail to the petitioner.

                       6. Having heard rival contention of both the parties

          and considering the entire facts and circumstances of the case as

          also taking into account the period of custody of the petitioner,

          the petitioner having no criminal antecedent as also there being
           Patna High Court CR. MISC. No.8381 of 2026(2) dt.04-02-2026
                                                       3/3




                     no direct allegation against the petitioner, let the petitioner,

                     above named, be released on bail on furnishing bail bonds of

                     Rs.15,000/- (Rupees Fifteen Thousand) with two sureties of the

                     like amount each to the satisfaction of Court below/concerned

                     Court in connection with Tekari P.S. Case No. 47 of 2025.



                                           (Rudra Prakash Mishra, J)
manish/-

U      T

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