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Patna High Court

Poonam DeviversusThe State of Bihar

Decided
Disposal
BAIL GRANTED

Holding

Bail was granted to the petitioner subject to specified conditions.

Summary

Poonam Devi, the mother‑in‑law of a pregnant woman who died allegedly due to poisoning, was arrested in connection with a case registered under IPC sections 304B, 328, 120B and 34. The prosecution alleged that the deceased's in‑laws demanded money and subsequently administered poison, leading to her death. The petitioner’s counsel argued that the FIR was an afterthought, that there was no specific allegation of an overt act against the petitioner, and highlighted her clean antecedents and the fact that she had been in custody since 23‑08‑2025. The State opposed bail, contending the seriousness of the offences. The High Court, after considering the submissions and the circumstances, granted bail on a Rs.10,000 bond with two sureties and imposed conditions regarding attendance, verification of antecedents, and possible cancellation for future similar offences.

Issues considered

  • Whether bail should be granted to the petitioner in a case involving alleged dowry death and poisoning under IPC sections 304B, 328, 120B and 34.
  • Whether the FIR contains a specific allegation of an overt act against the petitioner sufficient to deny bail.
  • Whether the petitioner’s clean antecedents and period of custody justify the grant of bail.

Legislation cited

Subjects

  • bail
  • dowry death
  • poisoning
  • IPC
  • 304B
  • 328
  • 120B
  • 34
  • high court
  • criminal procedure

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.84608 of 2025
                     Arising Out of PS. Case No.-138 Year-2021 Thana- KORANSARAI District- Buxar
                 ======================================================
                 Poonam Devi Wife of Manoj Singh Resident of Village - Basgatiya, P.S. -
                 Karansarai, District - Buxar.

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

                                                        ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :       Mr. Kameshwar Singh, Advocate
                 For the Opposite Party/s :       Mr. Binod Kumar, APP
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE SOURENDRA PANDEY
                                       ORAL ORDER

2   05-01-2026                        Heard the learned counsel for the petitioner and

                   learned APP for the State.

                                2. Petitioner, who is in custody, seeks bail in

                   connection with Koransarai P.S. Case No. 138 of 2021

                   registered for the offences punishable under Sections 304(B),

                   328, 120B/34 of the Indian Penal Code.

                                3. As per the prosecution case, the informant has

                   alleged that her daughter was married to one Rajkumar on

                   22.05.2020 and that after the marriage, her father-in-law and

                   mother-in-law were regularly demanding money. It is alleged

                   that the informant’s daughter was eight months pregnant and

                   that the accused persons administered poison to her, as a result

                   of which she died. It is further alleged that the informant and her

                   family members were not informed by the in-laws of the
Patna High Court CR. MISC. No.84608 of 2025(2) dt.05-01-2026
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          deceased and that they came to know about the incident through

          other persons. Thereafter, upon seeing the dead body of her

          daughter, the informant lost consciousness and subsequently the

          F.I.R. was lodged.

                       4. The learned counsel for the petitioner submits that

          the present F.I.R. is an afterthought. It is contended that the

          family members of the deceased were duly informed and that

          they had accompanied the victim for treatment, as she was eight

          months pregnant and had developed certain complications. The

          learned counsel further draws attention to the statement of the

          doctor before whom the deceased was taken for treatment,

          wherein it has been recorded in paragraph no. 14 of the case

          diary that the deceased was brought in a critical condition and

          was referred to Buxar for better treatment. It is further submitted

          that at the relevant time the informant and other family members

          were present. It is also submitted that even if the allegations

          made in the F.I.R. are taken at their face value, there is no

          specific allegation of overt act against the petitioner, who

          happens to be the mother-in-law of the deceased. Lastly, the

          learned counsel submits that the petitioner has clean antecedents

          and has been in custody since 23.08.2025.

                       5. The learned A.P.P. has vehemently opposed the
Patna High Court CR. MISC. No.84608 of 2025(2) dt.05-01-2026
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          prayer for bail.

                       6. Considering the aforesaid submission, facts and

          circumstances of the case, 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 court below where the case is

          pending/successor court in connection Koransarai P.S. Case No.

          138 of 2021, subject to the following conditions:-

                       (i) One of the bailors of the petitioner shall be his

          close relative and the other shall be local resident.

                       (ii) The petitioner shall remain physically present in

          Court on each date of the trial.

                       (iii) In case of absence on two consecutive dates or in

          violation of the terms of the bail, the bail bond of the petitioner

          will be liable to be cancelled by the court concerned.

                       (iv) If the petitioner is found involved in similar

          nature of offence in future, the prosecution shall be at liberty to

          move for cancellation of his bail bond.

                       (v) The learned Court below shall verify the criminal

          antecedent of the petitioner and in case at any stage it is found

          that the petitioner has concealed his criminal antecedent, the

          court below shall take step for cancellation of bail bond of the
               Patna High Court CR. MISC. No.84608 of 2025(2) dt.05-01-2026
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                         petitioner. However, the acceptance of bail bonds in terms of the

                         above-mentioned order shall not be delayed for purpose of or in

                         the name of verification.

                                      7. Accordingly, the prayer for bail is allowed.

                                      8. It is made clear that the observation, if any, made in

                         this order, shall be of no bearing during the trial.



                                                  (Sourendra Pandey, J)
aditya/-

U          T


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