Patna High Court
Lilawati DeviversusThe State of Bihar
- Decided
- Disposal
- ALLOWED
- Bench
- ASHOK KUMAR PANDEY
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/-
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