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Patna High Court

Asha Lata Devi @ Asha Lata YadavversusThe State of Bihar

Decided
Disposal
BAIL GRANTED

Holding

The Court inclined to grant anticipatory bail to the petitioner.

Summary

The petitioner, Asha Lata Devi, mother‑in‑law of a deceased woman, was implicated in a dowry‑death case registered under Sections 80(2) and 3(5) of the Bharatiya Nyaya Sanhita, 2023. The prosecution alleged that she, along with the deceased's husband, murdered the victim for dowry demands. The petitioner, a 75‑year‑old woman with no criminal record, applied for anticipatory bail, arguing her innocence and poor health. The State opposed the bail. Considering the circumstances, the Court granted anticipatory bail subject to conditions under Section 438 of the Code of Criminal Procedure and Section 482 of the Bhartiya Nagarik Suraksha Sanhita, including a bail bond, sureties, and compliance with procedural directives.

Issues considered

  • Whether anticipatory bail should be granted to the petitioner under Section 438 CrPC in view of the allegations under the Bharatiya Nyaya Sanhita.
  • Whether the conditions imposed under Section 482 of the Bhartiya Nagarik Suraksha Sanhita are appropriate.

Legislation cited

Subjects

  • anticipatory bail
  • dowry death
  • Bharatiya Nyaya Sanhita
  • Section 80
  • Section 3
  • Section 438
  • Section 482
  • criminal procedure
  • bail conditions

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.90299 of 2025
                      Arising Out of PS. Case No.-243 Year-2025 Thana- KHAJEKALA District- Patna
                 ======================================================
                 Asha Lata Devi @ Asha Lata Yadav W/O Prakash Chandr Yadav R/O
                 Gurhatta Umashankar Gali, P.S- Khajekala (Patna City), Distt.- Patna, State-
                 Bihar.
                                                                            ... ... Petitioner/s
                                                 Versus
                 The State of Bihar Bihar
                                                                     ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :       Mr.Pintu Kumar Patel
                 For the Opposite Party/s :       Mr.Humayou Ahmad Khan
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE AJIT KUMAR
                                       ORAL ORDER
2   15-01-2026                     Heard the learned counsel for the petitioner and

                   learned Additional Public Prosecutor for the State.

                               2. The petitioner is apprehending his arrest in

                   connection with Khajekala P.S. Case No. 243 of 2025, F.I.R

                   dated 16.06.2025 registered for the offences punishable under

                   Sections 80(2) and 3(5) of Bharatiya Nyaya Sanhita, 2023.

                               3. According to prosecution case, that the informant,

                   Mahesh Kumar, father of the deceased Khusi Raj, stated that on

                   16.06.2025 at about 2:46 A.M., he received information that his

                   daughter was unwell. On reaching her matrimonial home, he

                   found her dead in the bedroom, whereafter he informed the

                   police through Dial 112. The informant alleged that his daughter

                   was deliberately killed for dowry by her husband, Harsh Kumar

                   Yadav, and mother-in-law, Asha Lata Devi, who allegedly used

                   to threaten and harass her for money. It is further alleged that
Patna High Court CR. MISC. No.90299 of 2025(2) dt.15-01-2026
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          under pressure, the informant had earlier paid about ₹5 lakhs to

          the accused in cash and through mobile payment. Due to

          financial constraints, he could not meet a further demand of ₹5

          lakhs prior to the incident, which allegedly led to the murder.

          On the basis of this statement, the present FIR was registered

          under Sections 80(2) and 3(5) of the BNS Act, 2023.

                      4. Learned counsel for the petitioner submits that

          petitioner is mother-in-law of the deceased, while there is

          nothing specific against this petitioner who has no criminal

          antecedent, and the husband of the deceased is already under

          judicial custody since 16.06.2025, and this petitioner being old

          lady aged about 75 years has various old age ailments and is

          quite innocent and ready to co-operate with the investigation.

                      5. Learned APP for the State opposes the prayer for

          anticipatory bail application.

                       6. Considering the aforesaid facts and circumstances,

          accordingly, this Court is inclined to grant the privilege of

          anticipatory bail to the petitioner.

                       7. Let the petitioner, above named, in the event of

          his/her arrest or surrender before the Court below within a

          period of thirty days from the date of receipt of the order, be

          released on bail on furnishing bail bond of Rs. 10,000/- (Ten

          Thousand) with two sureties of the like amount each to the
           Patna High Court CR. MISC. No.90299 of 2025(2) dt.15-01-2026
                                                       3/3




                     satisfaction of the learned court of ACJM, 1st Class, Patna City

                     in connection with Khajekalan P.S. Case No. 243 of 2025,

                     subject to the conditions as laid down under Section 438(2) of

                     the Code of Criminal Procedure / Section 482(2) of the Bhartiya

                     Nagarik Suraksha Sanhita and with other following conditions:-

                                  (i) one of the bailors should be the family

                     member/relative of the petitioner(s) who shall provide official

                     document to show his/her bona fide;

                                  (ii) the petitioner(s) shall appear on each and every

                     date before the Trial Court and failure to do so for two

                     consecutive       dates     without      plausible   reason   will   entail

                     cancellation of his/her/their bail bond by the Trial Court itself;

                                  (iii) the petitioner(s) shall in no way try to induce or

                     promise or threat the witnesses or tamper with the evidences,

                     failing which the State shall be at liberty to take steps for

                     cancellation of the bail bonds;

                                  (iv) the petitioner(s) shall desist from committing any

                     criminal offence again, failing which the State shall be at liberty

                     to take steps for cancellation of their bail bonds.



                                                   (Ajit Kumar, J)
abhishekkr/-

U      T


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