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Patna High Court

Gayatri DeviversusThe State of Bihar

Decided
Disposal
BAIL GRANTED

Holding

The court grants bail to the petitioner.

Summary

The petitioner, Gayatri Devi, applied for bail in a case concerning the alleged dowry death of a daughter-in-law, with charges under Sections 80 and 3(5) of the Bharatiya Nyaya Sanhita, 2023. The prosecution alleged that the deceased was killed by her in‑laws for non‑payment of dowry, but no incriminating material was found on the petitioner, who is the mother‑in‑law of the deceased. The petitioner’s counsel argued that she is innocent, has no criminal antecedent, and the allegations against her are vague and omnibus. The State opposed bail, but the court considered the lack of specific evidence, the petitioner’s clean record, and the length of custody since 27‑03‑2025. Accordingly, the court granted bail on the condition of a Rs.15,000 bond with two sureties.

Issues considered

  • Whether bail should be granted to the petitioner under Sections 80 and 3(5) of the Bharatiya Nyaya Sanhita, 2023 given the facts of the case
  • Whether the charge against the petitioner is sufficiently specific to justify denial of bail

Legislation cited

Subjects

  • bail
  • dowry death
  • Bharatiya Nyaya Sanhita
  • Section 80
  • Section 3(5)
  • criminal procedure

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.90641 of 2025
                   Arising Out of PS. Case No.-56 Year-2025 Thana- RAJEPUR District- East Champaran
                 ======================================================
                 Gayatri Devi wife of Jagan Ram Resident of village- Fajilpur, Ps- Rajepur,
                 Dist- East Champaran
                                                                           ... ... Petitioner/s
                                                 Versus
                 The State of Bihar
                                                                    ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :       Mr. Mohd Rustam Hussain, Advocate
                 For the Opposite Party/s :       Mr. Amitesh Kumar, APP
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE RUDRA PRAKASH
                 MISHRA
                                       ORAL ORDER

2   13-01-2026                           Heard learned counsel for the petitioner and

                   learned APP for the State.

                                2. The petitioner seeks bail in connection with

                   Rajepur P.S. Case No. 56 of 2025, instituted for the offences

                   punishable under Sections 80 and 3(5) of the Bharatiya Nyaya

                   Sanhita, 2023.

                                3. The prosecution case, in short, is that daughter of

                   the informant has been done to death by her in-laws for non-

                   fulfillment of dowry.

                                4. Learned counsel for the petitioner submits that the

                   petitioner is innocent and has falsely been implicated in the

                   present case. Charge-sheet has been submitted in this case as

                   also charge has also been framed against the petitioner. No

                   incriminating material has been recovered from the conscious
             Patna High Court CR. MISC. No.90641 of 2025(2) dt.13-01-2026
                                                         2/2




                       possession of the petitioner. Learned counsel for the petitioner

                       also submits that the petitioner is mother-in-law of the deceased.

                       It is next submitted that no specific allegation has been

                       attributed against the petitioner rather the same is general and

                       omnibus in nature. It is further submitted that the petitioner is

                       separate in mess and business from the husband of the deceased.

                       The petitioner is in custody since 27.03.2025 and has got no

                       criminal antecedent.

                                    5. Learned APP for the State has vehemently opposed

                       the prayer for grant of bail to the petitioner.

                                    6. Considering the aforesaid facts and circumstances

                       of the case and taking into account the period of custody

                       undergone by the petitioner, this Court is inclined to grant bail

                       to the petitioner.

                                    7. Let the petitioner be released on bail on furnishing

                       bail bonds of Rs. 15,000/- (Rupees Fifteen Thousand) with two

                       sureties of the like amount each to the satisfaction of Court

                       below/concerned Court in connection with Rajepur P.S. Case

                       No. 56 of 2025.



                                                                   (Rudra Prakash Mishra, J)
Rajorshi/-

U       T


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