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Patna High Court

Lilawati DeviversusThe State of Bihar

Decided
Disposal
ALLOWED

Holding

The Court granted regular bail to the petitioner, finding no material evidence linking her to the alleged offence.

Summary

The petitioner, Lilawati Devi, mother‑in‑law of the deceased Kajal Kumari, applied for regular bail in a criminal case registered under sections 103(1), 80(2) and 3(5) of the B.N.S. The prosecution alleged that the deceased was subjected to dowry‑related cruelty by her husband and mother‑in‑law and was subsequently killed. The petitioner contended that she had no criminal antecedent, no role in the death, and that the allegations against her were vague and omnibus. The State and the informant opposed bail, arguing that the FIR implicated the petitioner in demanding dowry and cruelty. After hearing both sides, the Court found no specific incriminating material against the petitioner and ordered her release on regular bail upon furnishing a bond of Rs.10,000 with two sureties.

Issues considered

  • Whether the petitioner is entitled to regular bail in a case under sections 103(1), 80(2) and 3(5) of the B.N.S.
  • Whether the allegations in the FIR sufficiently link the petitioner to the alleged dowry‑related cruelty and death.

Legislation cited

  • B.N.S. — s. 103(1), 3(5), 80(2)

Subjects

  • regular bail
  • dowry death
  • criminal procedure
  • sections 103
  • sections 80
  • sections 3
  • bail bond

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.88908 of 2025
                        Arising Out of PS. Case No.-367 Year-2025 Thana- NOKHA District- Rohtas
                 ======================================================
                 Lilawati Devi S/O Sahendra Chaudhari @ Stendra Chaudhari R/O village-
                 Bhawarah (Kalitola), P.S.- Nokha, District- Rohtas
                                                                           ... ... Petitioner/s
                                                    Versus
                 The State of Bihar Patna
                                                                    ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s    :        Mr. Ashwani Kumar Tiwary, Advocate
                 For the State           :        Mr. Umesh Lal Verma, APP
                 For the Informant       :        Mr. Dhaneshwar Pd. Sinha, Advocate
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE ASHOK KUMAR PANDEY
                                       ORAL ORDER

2   08-01-2026                     Heard learned counsel for the petitioner, learned APP

                   for the State and learned counsel for the informant.

                                 2. The petitioner has prayed for regular bail in a case

                   registered for the offence punishable under sections 103(1), 80(2)

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

                                 3. The case of the prosecution is that Kajal Kumari

                   (deceased) was married to one Pawan Chaudhary. At the time of

                   marriage, sufficient gifts were given to her. It is alleged that she

                   was subjected to cruelty on account of non-fulfillment of dowry

                   demand. Ultimately, she was killed.

                                 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 and the nature of allegation is

                   general and omnibus. A statement has been made in para-3 of this
            Patna High Court CR. MISC. No.88908 of 2025(2) dt.08-01-2026
                                                        2/2




                      petition that the petitioner has got no criminal antecedent. There is

                      no allegation that the petitioner has got any role in the death of the

                      deceased. Moreover, she is languishing in judicial custody since

                      14.10.2025.

                                   5. Learned APP appearing for the State and learned

                      counsel for the informant have vehemently opposed the prayer of

                      regular bail. Learned counsel for the informant has submitted that

                      from perusal of the FIR, it is clear that there is allegation that the

                      husband and mother-in-law of the deceased were demanding

                      dowry and they were subjected the deceased to cruelty.

                                   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 on bail. The above named

                      petitioner is directed to be released on bail in connection with

                      Nokha P.S. Case No. 367 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-I, Sasaram, Rohtas.



                                            (Ashok Kumar Pandey, J)
Shubham/-

U     T


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