Patna High Court

Punam DeviversusThe State of Bihar

Decided: 15 January 2026
Disposal: ALLOWED
Bench: ASHOK KUMAR PANDEY

Holding

The court granted regular bail to the petitioner.

Summary

Punam Devi, the mother‑in‑law of a deceased woman, was arrested in a dowry‑death case (Piro PS Case No. 266 of 2025) where the husband of the deceased is already in judicial custody. The prosecution alleged cruelty and dowry demand leading to the victim's death, charging the petitioner under sections 80(1) and 3(5) of the BNS, 2023. The petitioner contended that she was falsely implicated, has no criminal antecedent, and has been in custody since 5 September 2025. The State opposed bail, citing the post‑mortem report showing multiple ante‑mortem injuries. Considering the lack of direct evidence against her, her clean record, and the fact that the principal accused is already detained, the court 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 under sections 80(1) and 3(5) of the BNS, 2023 in a dowry‑death case.
Whether the allegations against the petitioner constitute sufficient ground to deny bail.
Whether the presence of the husband in custody affects the bail decision for the petitioner.

Legislation cited

BNS, 2023 — s. 3(5), 80(1)

Subjects

bail
dowry death
cruelty
sections 80(1) BNS 2023
section 3(5) BNS 2023
criminal procedure
judicial custody
post‑mortem report

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.89507 of 2025
                         Arising Out of PS. Case No.-266 Year-2025 Thana- PIRO District- Bhojpur
                 ======================================================
                 Punam Devi W/o Niranjan Prasad Resident of - Piro, P.S - Piro, District -
                 Bhojpur

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

                                                        ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :        Mr.Binod Kumar Singh, Advocate
                 For the Opposite Party/s :        Mr.Dr.Mrityunjaya Kr.Gautam, APP
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE ASHOK KUMAR PANDEY
                                       ORAL ORDER

2   15-01-2026                       Heard learned counsel for the petitioner and learned

                   APP for the State.

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

                   registered for the offence punishable under sections 80 (1), 3

                   (5) of the BNS, 2023.

                                3.     The case of the prosecution is that Khushbhu

                   Kumari (deceased) was married to Pawan Kumar in the year

                   2020. At the time of marriage, informant had given sufficient

                   gifts. It is further alleged that the deceased was subjected to

                   cruelty on account of non-fulfillment of demand of dowry

                   amounting to Rs. 5,00,000/- It is also alleged that she was being

                   assaulted and was ultimately killed.

                                4. Learned counsel for the petitioner submits that the

                   petitioner is innocent and has falsely been implicated in
            Patna High Court CR. MISC. No.89507 of 2025(2) dt.15-01-2026
                                                        2/2




                      connection with the present case. It is further submitted that the

                      husband of the deceased is already in judicial custody and that

                      the petitioner being the mother-in-law of the deceased has been

                      roped in on the basis of general and omnibus allegations.

                      Moreover, the petitioner is a lady, has no criminal antecedent

                      and has been languishing in judicial custody since 05.09.2025.

                                   5. Learned APP appearing for the state has opposed

                      the prayer of regular bail and has stated that the post-mortem

                      report goes to show that the deceased sustained numerous ante-

                      mortem injuries. It is contended that in cases of this nature, the

                      main thrust of allegation is against the husband of the deceased,

                      who is already in custody.

                                   6. Considering the aforesaid 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 Piro P.S. Case No. 266 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

                      Chief Judicial Magistrate, Bhojpur at Ara.


                                            (Ashok Kumar Pandey, J)
Jagdish/-

U       T

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