Patna High Court
Asha Lata Devi @ Asha Lata YadavversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- AJIT KUMAR
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
- Bharatiya Nyaya Sanhita, 2023 — s. 3(5), 80(2)
- Bhartiya Nagarik Suraksha Sanhita — s. 482(2)
- Code of Criminal Procedure — s. 438(2)
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
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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
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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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