Patna High Court
Rekha DeviversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- R P MISHRA
Holding
The Court granted bail to the petitioner.
Summary
Rekha Devi, the mother‑in‑law of a woman who was allegedly killed for dowry demands, was arrested in connection with a dowry‑death case (Bhawanipur P.S. Case No. 141 of 2025) under Sections 103(2), 80 and 85 of the Bharatiya Nyaya Sanhita, 2023, read with Sections 3 and 4 of the Dowry Prohibition Act. The petitioner contended that she was falsely implicated, that no specific allegation of dowry demand was made against her, and that she had no prior criminal record. The State opposed the bail application, arguing the seriousness of the offences. The Court, after considering the lack of specific charges, the petitioner’s clean antecedents and the period already spent in custody, decided to grant bail on the condition of a cash bond of Rs. 15,000 with two sureties of the same amount.
Issues considered
- Whether bail should be granted to the petitioner in a dowry‑death case under the Bharatiya Nyaya Sanhita and Dowry Prohibition Act
- Whether the allegations against the petitioner are specific enough to justify continued detention
Legislation cited
- Bharatiya Nyaya Sanhita, 2023 — s. 103(2), 80, 85
- Dowry Prohibition Act — s. 3, 4
Subjects
- bail
- dowry death
- Bharatiya Nyaya Sanhita
- Dowry Prohibition Act
- criminal procedure
- mother‑in‑law
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.88466 of 2025
Arising Out of PS. Case No.-141 Year-2025 Thana- Bhawanipur District- Bhagalpur
======================================================
Rekha Devi W/o- Gopal Sharma Village- Rampur, P.S.- Bhawanipur, District-
Bhagalpur
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Prem Kumar, Advocate
For the Opposite Party/s : Mr. Sanjay Kumar Pandey, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE RUDRA PRAKASH
MISHRA
ORAL ORDER
3 23-02-2026 Heard learned counsel for the petitioner, learned
APP for the State and perused the case diary.
2. The petitioner seeks bail in connection with
Bhawanipur P.S. Case No. 141 of 2025, instituted for the
offences punishable under Sections 103(2), 80, 85 of the
Bharatiya Nyaya Sanhita, 2023, read with Sections 3/4 of the
Dowry Prohibition Act.
3. The prosecution case, in short, is that daughter of
the informant has been done to death by her husband and in-
laws for non-fulfillment of demand of dowry.
4. Learned counsel for the petitioner submits that the
petitioner is innocent and has falsely been implicated in the
present case. Charge-sheet has been submitted in this case.
Learned counsel for the petitioner also submitted that the
petitioner is mother-in-law of the deceased and she is separate in
Patna High Court CR. MISC. No.88466 of 2025(3) dt.23-02-2026
2/2
mess and business from the husband of the deceased. It is next
submitted that no specific allegation has been attributed against
the petitioner rather the same is general and omnibus in nature.
It is further submitted that no any demand of dowry has been
made either from the deceased or from her family by the
petitioner. The husband of the deceased is in custody. The
petitioner is in custody since 14.07.2025 and has got no criminal
antecedent.
5. Learned APP for the State has vehemently opposed
the prayer for grant of bail to the petitioner.
6. Considering the aforesaid facts and circumstances
of the case and taking into account the period of custody
undergone by the petitioner, this Court is inclined to grant bail
to the petitioner.
7. Let the petitioner 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 Bhawanipur P.S.
Case No. 141 of 2025.
(Rudra Prakash Mishra, J)
Rajorshi/-
U T
Checking your session…