Patna High Court

Kanti DeviversusThe State of Bihar

Decided: 13 January 2026
Disposal: BAIL GRANTED
Bench: SHAILENDRA SINGH

Holding

The court granted bail to the petitioner, finding no specific role attributed to her in the FIR and noting the completed investigation.

Summary

Kanti Devi, the mother‑in‑law of a deceased woman, was arrested in a dowry‑death case (PS Case No. 165 of 2025) under Sections 80(2) and 3(5) of the B.N.S. She had been in custody since 25‑08‑2025. The FIR made no allegation of dowry demand and did not specify her role in the alleged killing, the deceased having committed suicide with no complaint from the family. Her counsel argued that she is a 50‑year‑old woman with no specific involvement and that the investigation is complete. The State opposed the bail application. The court, observing the lack of any specific accusation against her, her relationship to the deceased, and the completed investigation, ordered that she be released on bail upon furnishing a bond of Rs.20,000 with two sureties. The bail petition was therefore granted.

Issues considered

Whether bail should be granted to the accused under Sections 80(2) and 3(5) of the B.N.S. in the absence of a specific allegation of involvement in the dowry‑death.
Whether the completion of investigation and the lack of a dowry‑demand allegation affect the eligibility for bail.

Legislation cited

B.N.S. — s. 3(5), 80(2)

Subjects

bail
dowry death
criminal procedure
investigation
FIR
section 80
section 3
Bihar

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.90333 of 2025
                 Arising Out of PS. Case No.-165 Year-2025 Thana- CHANPATIA District- West Champaran
                 ======================================================
                 Kanti Devi, W/o Jagdish Raut, Resident of Village- Chanpatiya Railway
                 Station Road, P.S.- Chanpatiya, District- West Champaran, Bihar

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

                                                        ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :      Mr. Bimlesh Kumar Pandey, Adv.
                 For the Opposite Party/s :      Mr. Bharat Bhushan, APP
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE SHAILENDRA SINGH
                                       ORAL ORDER

2   13-01-2026                  1. Heard the parties.

                                2. The petitioner seeks regular bail in connection with

                   Chanpatiya P. S. Case No. 165 of 2025, registered for the offences

                   punishable under Sections 80(2) and 3(5) of the B.N.S.

                                3. The main submissions advanced by the petitioner's

                   counsel are that the major offence under which the FIR has been

                   registered is a dowry death but in the entire FIR, there is no

                   allegation of dowry demand by this petitioner and other co-

                   accused persons from the deceased, the petitioner has been made

                   accused without revealing her specific role in the commission of

                   the alleged killing of the deceased. It is further submitted that the

                   petitioner is a 50 year old lady and has been languishing in jail

                   since 25.08.2025 and against her the investigation has been

                   completed, in fact, the deceased committed suicide and before the
              Patna High Court CR. MISC. No.90333 of 2025(2) dt.13-01-2026
                                                          2/2




                        death of the deceased there was no any complaint either on the

                        part of the deceased herself or her parental family members and

                        further there was no reason for the petitioner to kill her own

                        daughter-in-law.

                                     4. Learned APP appearing for the State has opposed the

                        bail prayer of the petitioner.

                                     5. Considering the aforesaid submissions, the averments

                        made in this application and mainly the fact that in the entire FIR

                        any specific role of this petitioner in the commission of the alleged

                        crime has not been revealed and the petitioner happens to be

                        mother-in-law of the deceased coupled with the completion of

                        investigation against her, this court is inclined to release her on

                        bail. Accordingly, let the petitioner named-above be enlarged on

                        bail in connection with Chanpatiya P. S. Case No. 165 of 2025 on

                        furnishing bail bond of Rs. 20,000/- (Rupees Twenty Thousand)

                        with two sureties of the like amount each to the satisfaction of the

                        Court concerned.



                                                  (Shailendra Singh, J)
Rajiv/-

U         T

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