Patna High Court
Gayatri DeviversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- R P MISHRA
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
- Bharatiya Nyaya Sanhita, 2023 — s. 3(5), 80
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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